Kenya Act or statute

Parliament of Kenya

Counter-Trafficking in Persons Act

Jurisdiction: Kenya
Structure: 28 provisions
Citation: Cap. 61
Dates: As at 11 Dec 2023

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Dates: As at 11 Dec 2023

Source attribution: Source: Kenya Law

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Purpose and legislative effect

“Short title: This Act may be cited as the 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.

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PRELIMINARY - 1. Short title

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

Section 1

TRAFFICKING IN PERSONS AND RELATED OFFENCES - 7. Facilitating entry into or exit out of the country

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 thi…

Section 7

TRIAL OF OFFENDERS AND REMEDIES FOR VICTIMS OF TRAFFICKING IN PERSONS - 15. Support and protection of victims oftrafficking in persons

Section 15

THE COUNTER-TRAFFICKING IN PERSONS ADVISORY COMMITTEE - 21. Reporting requirements

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.

Section 21

MISCELLANEOUS PROVISIONS - 28. Regulations

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

Section 28

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Showing 28 of 28 provisions

Offence 15Provision 10Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

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

Section 1. Short title Section This Act may be cited as the Counter-Trafficking in Persons Act. [ Act No. 12 of 2012 , Sch.]

Section 1Verify source

§ 2PRELIMINARY - 2. InterpretationInterpretation

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").

Section 2. Interpretation Section In this Act, unless the context otherwise requires— "Advisory Committee" means the Counter-Trafficking in Persons Advisory Committee established under section 19 ; "Board of Trustees" means the Board of Trustees of the Fund ("the National Assistance Trust Fund for Victims of Trafficking in persons established by;") established by section 24 ; "Cabinet Secretary" means the Cabinet Secretary for the time being responsible for matters relating to women and children; "child" has the meaning assigned to it in the Children Act ( Cap. 141 ); "consent" in relation to a person means that the person agrees by choice, and has the freedom and capacity to make that choice; "exploitation" includes but is not limited to— (a) keeping a person in a state of slavery ; (b) subjecting a person to practices similar to slavery ; (c) involuntary servitude; (d) forcible or fraudulent use of any human being for removal of organs or body parts; (e) forcible or fraudulent use of any human being to take part in armed conflict; (f) forced labour ("the extraction of work or services from any person for the purpose of exploitation;") ; (g) child labour; (h) sexual exploitation; (i) child marriage; (j) forced marriage; "forced labour" means the extraction of work or services from any person for the purpose of exploitation ; "Fund" means the National Assistance Trust Fund for Victims of Trafficking in persons established by section 22 ; "organized criminal group" means a structured group of three or more persons, acting in concert with the aim of committing one or more serious crimes or offences under this Act, in order to obtain directly or indirectly, a financial or other material benefit; "proceeds of crime" means any property derived from or obtained, directly or indirectly, through the commission of an offence under this Act; "publish" means to advertise, broadcast or distribute information by any means whatsoever so that the information is available to the public or any section thereof; "slavery" is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised; "trafficking for sexual exploitation" means trafficking— (a) with the intention of doing anything to or in respect of a particular person during or after a journey within Kenya or in any part of the world, which if done will involve the commission of an offence under the Sexual Offences Act ( Cap. 63A ); or (b) in the belief that another person is likely to do something to or in respect of the person trafficked, during or after the journey in any part of the world, which if done will involve the commission of an offence under the Sexual Offences Act ( Cap. 63A ); "trafficking in persons" has the meaning assigned to it by section 3 ; "victim of trafficking in persons" includes a person who is being or has been trafficked as defined in section 3 .

Section 2Verify source

Part II

TRAFFICKING IN PERSONS AND RELATED OFFENCES

§ 10TRAFFICKING IN PERSONS AND RELATED OFFENCES - 10. Trafficking in persons for organized crimeOffence

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.

Section 10. Trafficking in persons for organized crime Section Where in the course of the prosecution of a person under this Act it emerges that, the person being prosecuted engaged in trafficking in persons as part of the activities of an organized criminal group ("a structured group of three or more persons, acting in concert with the aim of committing one or more serious crimes or offences under this Act, in order to obtain directly or indirectly, a financial or other material benefit;") or that person organized or directed other persons to commit an offence as an activity of an organized group, that person is liable to imprisonment for life.

Section 10Verify source

§ 3TRAFFICKING IN PERSONS AND RELATED OFFENCES - 3. Trafficking in personsOffence

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.

Section 3. Trafficking in persons Section 3(1)(a) threat or use of force or other forms of coercion; Section 3(1)(b) abduction; Section 3(1)(c) fraud; Section 3(1)(d) deception; Section 3(1)(e) abuse of power or of position of vulnerability; Section 3(1)(f) giving payments or benefits to obtain the consent of the victim of trafficking in persons ("a person who is being or has been trafficked as defined in") ; or Section 3(1)(g) giving or receiving payments or benefits to obtain the consent of a person having control over another person. Section 3(2) The consent of a victim of trafficking in persons ("a person who is being or has been trafficked as defined in") to the intended exploitation shall not be relevant where any of the means set out in subsection (1) have been used. Section 3(3) The recruitment, transportation, transfer, harbouring or receipt of a child for the purposes of exploitation shall be considered " trafficking in persons " even if this does not involve any of the means set out in subsection (1) of this Act. Section 3(4) An act of trafficking in persons may be committed internally within the borders of Kenya or internationally across the borders of Kenya. Section 3(5) A person who trafficks another person, for the purpose of exploitation , commits an offence and is liable to imprisonment for a term of not less than thirty years or to a fine of not less than thirty million shillings or to both and upon subsequent conviction, to imprisonment for life. Section 3(6) A person who finances, controls, aids or abets the commission of an offence under subsection (1) shall be liable to imprisonment for a term of not less than thirty years or to a fine of not less than thirty million shillings or to both and upon subsequent conviction, to imprisonment for life.

Section 3Verify source

§ 4TRAFFICKING IN PERSONS AND RELATED OFFENCES - 4. Acts that promotechildtraffickingOffence

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.

Section 4. Acts that promotechildtrafficking Section 4(1)(a) adopts a child or offers a child for adoption; Section 4(1)(b) fosters a child or offers a child for fostering; or Section 4(1)(c) offers guardianship to a child or offers a child for guardianship, Section 4(2) A person who initiates or attempts to initiate adoption, fostering or guardianship proceedings for the purpose of subsection (1) commits an offence. Section 4(3) A person who commits an offence under this section is liable to imprisonment for a term of not less than thirty years or to a fine of not less than twenty million shillings or to both and upon subsequent conviction, to imprisonment for life.

Section 4Verify source

§ 5TRAFFICKING IN PERSONS AND RELATED OFFENCES - 5. Promotion oftrafficking in personsOffence

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.

Section 5. Promotion oftrafficking in persons Section knowingly leases, or being the occupier thereof, permits to be used any house, building, or other premises for the purpose of promoting trafficking in persons ;

Section 5Verify source

§ 6TRAFFICKING IN PERSONS AND RELATED OFFENCES - 6. Acquisition of travel documents by fraud or misrepresentationOffence

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.

Section 6. Acquisition of travel documents by fraud or misrepresentation Section A person who knowingly misrepresents any fact for purposes of facilitating the acquisition of travel documents or fraudulently obtains any document from Government agencies, in order to assist in the commission of an offence of trafficking in persons commits an offence and is liable to imprisonment for a term of not less than ten years or to a fine of not less than ten million shillings or to both and upon subsequent conviction, to imprisonment for a term of not less than ten years without the option of a fine.

Section 6Verify source

§ 7TRAFFICKING IN PERSONS AND RELATED OFFENCES - 7. Facilitating entry into or exit out of the countryOffence

Section 7. Facilitating entry into or exit out of the country Section A person who facilitates, aids or abets the exit or entry of persons from or to the country at international and local airports, territorial boundaries and seaports for the purpose of promoting trafficking in persons commits an offence and is liable to imprisonment for a term of not less than thirty years or to a fine of not less than thirty million shillings or to both and upon subsequent conviction, to imprisonment for a term of not less than thirty years without the option of a fine.

Section 7Verify source

§ 8TRAFFICKING IN PERSONS AND RELATED OFFENCES - 8. Interfering with travel documents and personal effectsOffence

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.

Section 8. Interfering with travel documents and personal effects Section confiscates, conceals, alters, destroys or in any other manner deals with any identification or travel documents, of another person in furtherance of trafficking in persons or in order to prevent that other person from leaving the country or seeking redress from the Government or appropriate agencies; or

Section 8Verify source

§ 9TRAFFICKING IN PERSONS AND RELATED OFFENCES - 9. Life threatening circumstances or deathOffence

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

Section 9. Life threatening circumstances or death Section a victim of trafficking in persons ("a person who is being or has been trafficked as defined in") suffers any permanent or life-threatening bodily harm; or

Section 9Verify source

Part III

TRIAL OF OFFENDERS AND REMEDIES FOR VICTIMS OF TRAFFICKING IN PERSONS

§ 11TRIAL OF OFFENDERS AND REMEDIES FOR VICTIMS OF TRAFFICKING IN PERSONS - 11. ConfidentialityOffence

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 11. Confidentiality Section 11(1) Law enforcement officers or the court and any other person involved in the investigation or trial of an offence under this Act, shall throughout the investigation or trial observe the right to privacy of the victim of trafficking in persons ("a person who is being or has been trafficked as defined in") and of the witnesses. Section 11(2) The court dealing with the trial of an offence under this Act, may after considering all circumstances and for the best interest of the parties, order that the trial be held in camera. Section 11(3) A person who discloses the name and personal circumstances of the victim of trafficking in persons ("a person who is being or has been trafficked as defined in") or any other information tending to establish the identity of a victim of trafficking in persons ("a person who is being or has been trafficked as defined in") and the circumstances of trafficking in persons commits an offence. Section 11(4) Where a trial is conducted in camera, any person who publishes the proceedings of the court commits an offence. Section 11(5) A person who commits an offence under this section is liable to imprisonment for a term of not less than five years or to a fine of not less than five million shillings or to both, and in the case of a body corporate, a fine of not less than ten million shillings.

Section 11Verify source

§ 12TRIAL OF OFFENDERS AND REMEDIES FOR VICTIMS OF TRAFFICKING IN PERSONS - 12. Victim impact statementProvision

Section 12 is titled "Victim impact statement".

Section 12. Victim impact statement Section towards or in connection with the person concerned; or

Section 12Verify source

§ 13TRIAL OF OFFENDERS AND REMEDIES FOR VICTIMS OF TRAFFICKING IN PERSONS - 13. RestitutionProvision

Restitution includes the costs of any medical or psychological treatment.

Section 13. Restitution Section the costs of any medical or psychological treatment;

Section 13Verify source

§ 14TRIAL OF OFFENDERS AND REMEDIES FOR VICTIMS OF TRAFFICKING IN PERSONS - 14. Victim immunity from prosecutionOffence

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 14. Victim immunity from prosecution Section Notwithstanding the provisions of any other law, a victim of trafficking in persons ("a person who is being or has been trafficked as defined in") shall not be criminally liable for any offence related to being in Kenya illegally or for any criminal act that was a direct result of being trafficked.

Section 14Verify source

§ 15TRIAL OF OFFENDERS AND REMEDIES FOR VICTIMS OF TRAFFICKING IN PERSONS - 15. Support and protection of victims oftrafficking in personsProvision

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.

Section 15. Support and protection of victims oftrafficking in persons Section 15(1)(a) return to and from Kenya; Section 15(1)(b) resettlement; Section 15(1)(c) re-integration; Section 15(1)(d) appropriate shelter and other basic needs; Section 15(1)(e) psychosocial support; Section 15(1)(f) appropriate medical assistance; Section 15(1)(g) legal assistance or legal information, including information on the relevant judicial and administrative proceedings; or Section 15(1)(h) any other necessary assistance that a victim may require. Section 15(2) When developing the plans under subsection (1), the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to women and children;") shall consider the age, gender, and the special needs of children and persons with disabilities and the personal circumstances of each victim of trafficking in persons ("a person who is being or has been trafficked as defined in") . Section 15(3) Victims of trafficking in persons may be eligible to work for gain for the duration of their necessary presence in Kenya. Section 15(4) Notwithstanding the provisions of any other law, the victims of trafficking in persons shall be permitted to remain in Kenya until legal proceedings are concluded and may by order of court in such proceedings be allowed to bring their children. Section 15(5) In all dealings with a trafficked person, any Government officer dealing with the victim or any other person who by virtue of duty is dealing with the victim shall ensure that all communication with that person is in a language that the person understands. Section 15(6) The support services provided under this section shall be available to victims of trafficking in persons regardless of their nationality.

Section 15Verify source

§ 16TRIAL OF OFFENDERS AND REMEDIES FOR VICTIMS OF TRAFFICKING IN PERSONS - 16. Trafficked person exempt from paying fees in civil suitsOffence

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

Section 16. Trafficked person exempt from paying fees in civil suits Section Where a victim of a trafficking in persons offence institutes civil action for damages, the victim of trafficking in persons ("a person who is being or has been trafficked as defined in") shall be exempt from the payment of court fees.

Section 16Verify source

§ 17TRIAL OF OFFENDERS AND REMEDIES FOR VICTIMS OF TRAFFICKING IN PERSONS - 17. Confiscation and forfeiture ofproceeds of crimeOffence

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.

Section 17. Confiscation and forfeiture ofproceeds of crime Section 17(1) In addition to any other penalty prescribed for an offence under this Act and under any other written law, the Court may order the confiscation and forfeiture, of all the proceeds of crime ("any property derived from or obtained, directly or indirectly, through the commission of an offence under this Act;") in favour of the Fund ("the National Assistance Trust Fund for Victims of Trafficking in persons established by;") . Section 17(2) All awards for damages shall be taken from the personal and separate property of the person who committed the offence and where the property is insufficient, the balance shall be taken from the Fund ("the National Assistance Trust Fund for Victims of Trafficking in persons established by;") . Section 17(3) Where the proceeds of crime ("any property derived from or obtained, directly or indirectly, through the commission of an offence under this Act;") are destroyed, diminished in value or otherwise rendered worthless by any act or omission of the person who committed the offence, directly or indirectly, or have concealed, removed, converted or transferred to prevent them from being found or to avoid forfeiture or confiscation, the offender shall, in addition to any other penalty be ordered to pay the amount equal to the value of the proceeds of crime ("any property derived from or obtained, directly or indirectly, through the commission of an offence under this Act;") .

Section 17Verify source

§ 18TRIAL OF OFFENDERS AND REMEDIES FOR VICTIMS OF TRAFFICKING IN PERSONS - 18. Repatriation of trafficked persons to and from KenyaProvision

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.

Section 18. Repatriation of trafficked persons to and from Kenya Section 18(1) Subject to this Act the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to women and children;") responsible for immigration matters may arrange for the repatriation of the victims of trafficking in persons to their place of origin. Section 18(2) Where a Kenyan victim of trafficking in persons ("a person who is being or has been trafficked as defined in") across the borders does not have proper documentation, the Government shall issue the necessary travel documents to enable the victim of trafficking in persons ("a person who is being or has been trafficked as defined in") to travel and re-enter the country. Section 18(3) Where, in the opinion of the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to women and children;") for the time being in charge of immigration, the repatriation of a victim of trafficking in persons ("a person who is being or has been trafficked as defined in") from Kenya is likely to or would expose the trafficked person to danger, the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to women and children;") may permit the trafficked person to continue staying in Kenya for such period as the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to women and children;") may consider fit.

Section 18Verify source

Part IV

THE COUNTER-TRAFFICKING IN PERSONS ADVISORY COMMITTEE

§ 19THE COUNTER-TRAFFICKING IN PERSONS ADVISORY COMMITTEE - 19. Establishment of theAdvisory CommitteeProvision

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.

Section 19. Establishment of theAdvisory Committee Section 19(1) There is established a Committee to be known as the Counter Trafficking in Persons Advisory Committee ("the Counter-Trafficking in Persons Advisory Committee established under;") . Section 19(2)(a) the Principal Secretary in the Ministry responsible for matters relating to immigration; Section 19(2)(b) the Principal Secretary in the Ministry responsible for matters relating to foreign affairs; Section 19(2)(c) the Principal Secretary in the Ministry responsible for matters relating to gender and children; Section 19(2)(d) the Principal Secretary in the Ministry responsible for matters relating to labour; Section 19(2)(e) the Attorney-General; Section 19(2)(ea) the Director of Public Prosecutions; Section 19(2)(f) the Inspector-General of Police; Section 19(2)(g) a representative of the Kenya National Commission for Human Rights; Section 19(2)(h) two representatives from civil society nominated by the respective civil societies dealing with issues relating to women; and children with proven record of involvement in the prevention and suppression of trafficking in persons ; Section 19(2)(i) one person nominated by the Central Organization of Trade Unions; Section 19(2)(j) one person nominated by the Federation of Kenya Employers; Section 19(2)(k) such other members as may be co-opted by the Advisory Committee ("the Counter-Trafficking in Persons Advisory Committee established under;") . Section 19(3) The persons nominated under paragraph (2)(h), (i) and (j) shall be appointed by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to women and children;") and shall hold office for a term of three years, which shall be renewable for a further one term. Section 19(4) The Secretariat of the Advisory Committee ("the Counter-Trafficking in Persons Advisory Committee established under;") shall reside at the Ministry responsible for matters relating to gender affairs. Section 19(5) The conduct and regulation of the business and affairs of the Advisory Committee ("the Counter-Trafficking in Persons Advisory Committee established under;") shall be as provided in the Schedule. Section 19(6) Except as provided in the First Schedule, the Advisory Committee ("the Counter-Trafficking in Persons Advisory Committee established under;") may regulate its own procedure. [Act No. 19 of 2023 , Sch.]

Section 19Verify source

§ 20THE COUNTER-TRAFFICKING IN PERSONS ADVISORY COMMITTEE - 20. Functions of theAdvisory CommitteeProvision

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.

Section 20. Functions of theAdvisory Committee Section 20(1) The functions of the Advisory Committee ("the Counter-Trafficking in Persons Advisory Committee established under;") shall be to advise the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to women and children;") on inter-agency activities aimed at combating trafficking and the implementation of preventive, protective and rehabilitative programmes for trafficked persons. Section 20(2)(a) formulation of a comprehensive and integrated program to prevent and suppress the trafficking in persons ; Section 20(2)(b) coordination of policies and programmes of the agencies to effectively address the issues and problems attendant to trafficking in persons ; Section 20(2)(c) coordination of the dissemination of information on the law and the issues relating to trafficking in persons through concerned agencies and non-governmental organizations; Section 20(2)(d) formulation of programmes for the reintegration of both locally and internationally trafficked persons; Section 20(2)(e) monitoring and evaluation of the progress of Kenya with respect to prevention, protection and prosecution efforts relating to trafficking in persons ; Section 20(2)(f) consultation and advocacy with Government departments and agencies and non-governmental organizations, to advance the purposes of this Act; Section 20(2)(g) compilation and documentation of data and information on cases of trafficking in persons for purposes of policy formulation and program direction; Section 20(2)(h) development of mechanisms to ensure the timely, coordinated, and effective response to cases of trafficking in persons ; Section 20(2)(i) measures to enhance cooperative efforts and mutual assistance between Kenya and other countries through bilateral and multilateral arrangements to prevent and suppress international trafficking in persons ; Section 20(2)(j) implementation of rehabilitative programmes including education and protective programmes for the victims of trafficking in persons ; Section 20(2)(j)(i) implementation of rehabilitative programmes including education and protective programmes for the victims of trafficking in persons ; Section 20(2)(j)(ii) provision of counselling services and temporary shelter to victims of trafficking in persons ; and Section 20(2)(j)(iii) establishment of centres and programmes for intervention at various levels of the community; Section 20(2)(k) mechanisms to screen persons entering or leaving Kenya to determine if they are victims of trafficking in persons ; Section 20(2)(l) public information campaigns against trafficking in persons ; Section 20(2)(m) establishment of and support community based initiatives that address trafficking in persons ; Section 20(2)(n) implementation of effective pre-employment orientation seminars and pre-departure counselling programmes to applicants for overseas employment; Section 20(2)(o) such other functions necessary for the implementation of this Act.

Section 20Verify source

§ 21THE COUNTER-TRAFFICKING IN PERSONS ADVISORY COMMITTEE - 21. Reporting requirementsProvision

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.

Section 21. Reporting requirements Section The Advisory Committee ("the Counter-Trafficking in Persons Advisory Committee established under;") shall submit to the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to women and children;") and to the National Assembly, an annual report of the policies, programmes and activities relating to the implementation of this Act.

Section 21Verify source

Part V

NATIONAL ASSISTANCE FUND FOR VICTIMS OF TRAFFICKING IN PERSONS

§ 22NATIONAL ASSISTANCE FUND FOR VICTIMS OF TRAFFICKING IN PERSONS - 22. Establishment of TrustFundProvision

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 22. Establishment of TrustFund Section 22(1) There is established a Fund ("the National Assistance Trust Fund for Victims of Trafficking in persons established by;") to be known as the National Assistance Trust Fund ("the National Assistance Trust Fund for Victims of Trafficking in persons established by;") for Victims of Trafficking in persons which shall be administered by the Board of Trustees ("the Board of Trustees of the Fund established by;") . Section 22(2) The Fund ("the National Assistance Trust Fund for Victims of Trafficking in persons established by;") shall be used for the assistance of victims of trafficking in persons .

Section 22Verify source

§ 23NATIONAL ASSISTANCE FUND FOR VICTIMS OF TRAFFICKING IN PERSONS - 23. Sources of theFundOffence

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 23. Sources of theFund Section 23(1)(a) such monies as may be appropriated by Parliament for the purposes of the Fund ("the National Assistance Trust Fund for Victims of Trafficking in persons established by;") ; Section 23(1)(b) any proceeds of crime ("any property derived from or obtained, directly or indirectly, through the commission of an offence under this Act;") confiscated or forfeited under section 17 ; Section 23(1)(c) income generated by investments made by the Board of Trustees ("the Board of Trustees of the Fund established by;") ; and Section 23(1)(d) any donation received by the Board of Trustees ("the Board of Trustees of the Fund established by;") for purposes of the Fund ("the National Assistance Trust Fund for Victims of Trafficking in persons established by;") . Section 23(2)(a) the expenses arising out of assistance to the victims of trafficking in persons in the manner referred to in section 15 ; Section 23(2)(b) the balance of damages under section 17 (2); and Section 23(2)(c) such other purposes as the Advisory Committee ("the Counter-Trafficking in Persons Advisory Committee established under;") may recommend.

Section 23Verify source

§ 24NATIONAL ASSISTANCE FUND FOR VICTIMS OF TRAFFICKING IN PERSONS - 24.Board of TrusteesProvision

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.

Section 24.Board of Trustees Section 24(1)(a) the Chairman of the Advisory Committee ("the Counter-Trafficking in Persons Advisory Committee established under;") ; Section 24(1)(b) the Principal Secretary of the Ministry responsible for gender and children; Section 24(1)(c) a representative of the Ministry responsible for gender and children, appointed by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to women and children;") , who shall be the Secretary; Section 24(1)(d) a representative of the Ministry responsible for finance, appointed by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to women and children;") responsible for finance; Section 24(1)(e) one person conversant with issues relating to trafficking in persons ; and Section 24(1)(f) one person with experience in financial management, who shall be the treasurer of the Board of Trustees ("the Board of Trustees of the Fund established by;") . Section 24(2) The members of the Board of Trustees ("the Board of Trustees of the Fund established by;") under subsection (1)(e) and (f) shall be appointed by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to women and children;") , by notice in the Gazette , for a term of three years and shall be eligible for reappointment at the expiry of the term. Section 24(3) The Board of Trustees ("the Board of Trustees of the Fund established by;") shall conduct its affairs in accordance with regulations prescribed by the Cabinet Secretary ("the Cabinet Secretary for the time being responsible for matters relating to women and children;") and subject to the law relating to trustees.

Section 24Verify source

Part VI

MISCELLANEOUS PROVISIONS

§ 25MISCELLANEOUS PROVISIONS - 25. Extra-territorial jurisdictionOffence

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.

Section 25. Extra-territorial jurisdiction Section 25(1) A citizen of Kenya, or a person who permanently resides in Kenya, who commits an act outside Kenya that constitutes an offence under this Act if committed in Kenya, commits such an offence and is liable on conviction to the same penalty prescribed for such offence under this Act. Section 25(2) A person may not be convicted of an offence under subsection (1) if such a person has been acquitted or convicted in the country where that offence was committed.

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§ 26MISCELLANEOUS PROVISIONS - 26. Other penaltiesOffence

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.

Section 26. Other penalties Section 26(1) Where a person who is not a citizen has been convicted of an offence under this Act, the person shall be deported immediately after serving the sentence and shall stand barred permanently from re-entering Kenya. Section 26(2) Any employee or official of a Government agency who knowingly issues or approves the issuance of travel documents or other documents to any person or who fails to observe the prescribed procedures and the requirement as provided for in any law, with the intention of assisting in the commission of an offence under this Act, commits an offence and is liable to imprisonment for a term of not less than - shillings, or to both. Section 26(3) Where an offender had adopted, fostered or had a child in guardianship who is the subject of an offence under this Act, the court seized of the matter shall rescind the adoption, fostering or guardianship of the child and the child shall be dealt with in accordance with the provisions of the Children Act ( Cap. 141 ).

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§ 27MISCELLANEOUS PROVISIONS - 27. Consequential amendmentsAmendment

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

Section 27. Consequential amendments Section The Acts identified in the Second Schedule are amended in the manner set out in that Schedule.

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§ 28MISCELLANEOUS PROVISIONS - 28. RegulationsProvision

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

Section 28. Regulations Section any matter which is required or permitted by this Act to be prescribed;

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Legislative relationships

1 referenced instrument

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Children Act
Section 26

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11 Dec 2023 · currentEnglish

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