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LAWS OF KENYA
COUNTER-TRAFFICKING IN PERSONS ACT
CAP. 61
- Published in Kenya Gazette Vol. CXII—No. 93 on 24 September 2010
- Assented to on 13 September 2010
- Commenced on 1 October 2012 by Counter-Trafficking in Persons Act Commencement
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2012 (Act No. 12 of 2012) on 12 July 2012]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
- [Amended by Statute Law (Miscellaneous Amendment) Act, 2023 (Act No. 19 of 2023) on 11 December 2023]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Counter-Trafficking in Persons Act.[Act No. 12 of 2012, Sch.]2. Interpretation
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 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;(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.Part II – TRAFFICKING IN PERSONS AND RELATED OFFENCES
3. Trafficking in persons
4. Acts that promote child trafficking
5. Promotion of trafficking in persons
A person who—6. Acquisition of travel documents by fraud or misrepresentation
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.7. Facilitating entry into or exit out of the country
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.8. Interfering with travel documents and personal effects
A person who—9. Life threatening circumstances or death
Where in the course of commission of an offence under this Act—10. Trafficking in persons for organized crime
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 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.Part III – TRIAL OF OFFENDERS AND REMEDIES FOR VICTIMS OF TRAFFICKING IN PERSONS
11. Confidentiality
12. Victim impact statement
The prosecution in criminal proceedings relating to a trial of an offence under this Act, may adduce evidence relating to the circumstances surrounding the commission of an offence and the impact of the offence under this Act upon a victim of trafficking in persons—13. Restitution
Where a person is convicted of an offence under this Act, the court may, in addition to any other punishment prescribed under this Act, order the person to make restitution or compensate the victim for—14. Victim immunity from prosecution
Notwithstanding the provisions of any other law, a victim of trafficking in persons 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.15. Support and protection of victims of trafficking in persons
16. Trafficked person exempt from paying fees in civil suits
Where a victim of a trafficking in persons offence institutes civil action for damages, the victim of trafficking in persons shall be exempt from the payment of court fees.17. Confiscation and forfeiture of proceeds of crime
18. Repatriation of trafficked persons to and from Kenya
Part IV – THE COUNTER-TRAFFICKING IN PERSONS ADVISORY COMMITTEE
19. Establishment of the Advisory Committee
20. Functions of the Advisory Committee
21. Reporting requirements
The Advisory Committee shall submit to the Cabinet Secretary and to the National Assembly, an annual report of the policies, programmes and activities relating to the implementation of this Act.Part V – NATIONAL ASSISTANCE FUND FOR VICTIMS OF TRAFFICKING IN PERSONS
22. Establishment of Trust Fund
23. Sources of the Fund
24. Board of Trustees
Part VI – MISCELLANEOUS PROVISIONS
25. Extra-territorial jurisdiction
26. Other penalties
27. Consequential amendments
The Acts identified in the Second Schedule are amended in the manner set out in that Schedule.28. Regulations
The Cabinet Secretary may, in consultation with the Advisory Committee, make Regulations regarding—History of this document
11 December 2023 this version
31 December 2022
Revised by
24th Annual Supplement
Read this version
01 October 2012
Commenced by
Counter-Trafficking in Persons Act Commencement
12 July 2012
24 September 2010
13 September 2010
Assented to
Cited documents 3
Act 3
1. | Sexual Offences Act | 6553 citations |
2. | Children Act | 42 citations |
3. | Penal Code | 28 citations |
Documents citing this one 84
Judgment 53
Gazette 17
Act 7
1. | Sexual Offences Act | 6553 citations |
2. | Criminal Procedure Code | 5087 citations |
3. | Leadership and Integrity Act | 322 citations |
4. | Kenya Citizenship and Immigration Act | 216 citations |
5. | Basic Education Act | 172 citations |
6. | Victim Protection Act | 172 citations |
7. | Penal Code | 28 citations |
Bill 3
1. | The Kenya Citizenship and Immigration (Amendment) Bill, 2023 | |
2. | The Statute Law (Miscellaneous Amendments) Bill, 2020 | |
3. | The Statute Law (Miscellaneous Amendments) Bill, 2022 |
Bench Bulletin 2
1. | Bench Bulletin - Issue 13 | |
2. | Bench Bulletin - Issue 49 |
Legal Notice 2
1. | The Statutory Instruments (Exemption from Expiry) Regulations | 1 citation |
2. | The Statutory Instruments (Exemption from Expiry) Regulations |
Subsidiary legislation
Title
|
Date
|
|
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The Counter-Trafficking in Persons (National Assistance Trust Fund for Victims of Trafficking in Persons) Regulations | Legal Notice 168 of 2020 | 31 December 2022 |