Counter-Trafficking in Persons Act

Short title: This Act may be cited as the Counter-Trafficking in Persons Act.

This section provides definitions for terms used in the Act (for example: "Advisory Committee", "Cabinet Secretary", "consent", "exploitation", "forced labour", "Fund", "organized criminal group", "proceeds of crime", "publish", "slavery", and forms of "trafficking").

A person prosecuted who engaged in trafficking in persons as part of an organized criminal group, or who organized or directed others to commit an offence as part of such a group, is liable to imprisonment for life.

Trafficking in persons includes use of force, abduction, fraud, deception, abuse of power, paying for consent of a victim, and paying or receiving payments to obtain consent of a person controlling another.

It is an offence for a person to initiate or attempt adoption, fostering or guardianship proceedings for the purposes described in subsection (1); conviction carries at least thirty years' imprisonment or a fine of at least twenty million shillings, and subsequent conviction may lead to life imprisonment.

Makes it an offence to knowingly lease, or as occupier permit, any house, building or other premises to be used for the purpose of promoting trafficking in persons.

It is an offence for a person to knowingly misrepresent facts or fraudulently obtain government documents to help traffic someone; punishable by at least ten years' imprisonment or a fine of at least ten million shillings, and on subsequent conviction imprisonment for not less than ten years without option of a fine.

It is an offence for a person to facilitate, aid or abet the entry into or exit out of the country for the purpose of promoting trafficking in persons; penalties include at least thirty years' imprisonment or a fine of not less than thirty million shillings, and harsher imprisonment-only penalty on subsequent conviction.

Dealing with another person’s identification or travel documents (for example confiscating, concealing, altering, destroying or otherwise handling them) when done to further trafficking in persons or to prevent that person from leaving the country or seeking redress from the Government or appropriate agencies.

The section states that a victim of trafficking in persons suffers any permanent or life‑threatening bodily harm.

Certain persons must protect the privacy of trafficking victims and witnesses during investigation or trial; courts may hold trials in camera; disclosure or publication of identifying information or in-camera proceedings is an offence with minimum penalties.

Section 12 is titled "Victim impact statement".

Restitution includes the costs of any medical or psychological treatment.

A victim of trafficking in persons is exempt from criminal liability for offences related to being in Kenya illegally or for criminal acts that were a direct result of being trafficked.

Section 15 requires the Cabinet Secretary to consider victims' age, gender, special needs and personal circumstances when developing plans; requires government officers to ensure communication with trafficked persons is in a language they understand; allows victims to be eligible to work for gain during their necessary presence in Kenya; and entitles victims to remain in Kenya until legal proceedings conclude.

A victim of trafficking who brings a civil action for damages is exempt from paying court fees.

The Court may order confiscation and forfeiture of proceeds of crime in favour of the National Assistance Trust Fund; an offender can be ordered to pay the value of proceeds if they have been destroyed, concealed, removed, converted or transferred.

Cabinet Secretary may arrange repatriation of trafficking victims; Government shall issue travel documents to Kenyan victims lacking proper documentation; Cabinet Secretary may permit victims to stay in Kenya if repatriation would expose them to danger.

Establishes the Counter-Trafficking in Persons Advisory Committee, lists its members, requires the Cabinet Secretary to appoint certain nominated persons who serve three-year terms renewable once, locates the Secretariat in the Ministry responsible for gender affairs, and allows the Committee to regulate its own procedure except as provided in the First Schedule.

The Advisory Committee must advise the Cabinet Secretary on inter-agency activities to combat trafficking and on implementing preventive, protective and rehabilitative programmes for trafficked persons.

The Advisory Committee must submit an annual report on policies, programmes and activities implementing the Act to the Cabinet Secretary and to the National Assembly.

Establishes the National Assistance Trust Fund for Victims of Trafficking in Persons, to be administered by a Board of Trustees and used to assist victims of trafficking.

Section 23 lists sources of the National Assistance Trust Fund for Victims of Trafficking in Persons (appropriations by Parliament, proceeds of crime confiscated or forfeited under section 17, income from Board investments, and donations) and indicates Fund uses and recommendations by the Advisory Committee.

Section 24 establishes the composition of the Board of Trustees, requires the Cabinet Secretary to appoint the members specified in subsections (1)(e) and (f) by Gazette notice for three-year terms (eligible for reappointment), and requires the Board to conduct its affairs according to regulations prescribed by the Cabinet Secretary and the law on trustees.

Kenyan citizens and permanent residents who commit abroad acts that would be offences if committed in Kenya are liable to the same penalties as for offences committed in Kenya; however, a person cannot be convicted under subsection (1) if they have been acquitted or convicted in the country where the offence occurred.

Non-citizens convicted under the Act are deported and permanently barred from re‑entering Kenya; government employees who knowingly assist such offences commit an offence and face imprisonment or fines; courts must rescind adoptions, fostering or guardianship where the child is subject to an offence under the Act.

The Acts listed in the Second Schedule are amended as set out in that Schedule.

Allows regulations to be made prescribing any matter required or permitted by the Act.