Counter-Trafficking in Persons Act

LAWS OF KENYA
THE COUNTER-TRAFFICKING IN PERSONS ACT
CAP. 61
Revised and published by the National Council for Law Reporting
with the authority of the Attorney-General as gazetted by the Government Printer
www.kenyalaw.org

Kenya
Counter-Trafficking in Persons Act
Cap. 61
Legislation as at 11 December 2023
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Share widely and freely.

Counter-Trafficking in Persons Act (Cap. 61)
Contents
Part I – PRELIMINARY ....................................................................................................................................................................................... 1
1. Short title .................................................................................................................................................................................................... 1
2. Interpretation ............................................................................................................................................................................................. 1
Part II – TRAFFICKING IN PERSONS AND RELATED OFFENCES ........................................................................................................ 2
3. Trafficking in persons ............................................................................................................................................................................. 2
4.

................................................................................................................................................. 2
4.

Acts that promote child trafficking ................................................................................................................................................... 3
5. Promotion of trafficking in persons .................................................................................................................................................. 3
6. Acquisition of travel documents by fraud or misrepresentation ............................................................................................ 3
7. Facilitating entry into or exit out of the country ......................................................................................................................... 4
8. Interfering with travel documents and personal effects ........................................................................................................... 4
9. Life threatening circumstances or death ........................................................................................................................................ 4
10.

r death ........................................................................................................................................ 4
10.

Trafficking in persons for organized crime .................................................................................................................................. 4
Part III – TRIAL OF OFFENDERS AND REMEDIES FOR VICTIMS OF TRAFFICKING IN PERSONS ............................................ 4
11. Confidentiality ......................................................................................................................................................................................... 4
12. Victim impact statement .................................................................................................................................................................... 5
13. Restitution ................................................................................................................................................................................................ 5
14. Victim immunity from prosecution ................................................................................................................................................. 5
15.

................................................................................................................................................ 5
15.

Support and protection of victims of trafficking in persons ................................................................................................. 5
16. Trafficked person exempt from paying fees in civil suits ....................................................................................................... 6
17. Confiscation and forfeiture of proceeds of crime ...................................................................................................................... 6
18. Repatriation of trafficked persons to and from Kenya ............................................................................................................. 6
Part IV – THE COUNTER-TRAFFICKING IN PERSONS ADVISORY COMMITTEE ............................................................................. 6
19. Establishment of the Advisory Committee ................................................................................................................................... 6
20. Functions of the Advisory Committee ........................................................................................................................................... 7
21.

ttee ........................................................................................................................................... 7
21.

Reporting requirements ...................................................................................................................................................................... 8
Part V – NATIONAL ASSISTANCE FUND FOR VICTIMS OF TRAFFICKING IN PERSONS ............................................................. 8
22. Establishment of Trust Fund ............................................................................................................................................................. 8
23. Sources of the Fund ............................................................................................................................................................................. 8
24. Board of Trustees ................................................................................................................................................................................... 9
Part VI – MISCELLANEOUS PROVISIONS .................................................................................................................................................... 9
25.

................................................................................................................................................ 9
25.

Extra-territorial jurisdiction ............................................................................................................................................................... 9
26. Other penalties ....................................................................................................................................................................................... 9
27. Consequential amendments ............................................................................................................................................................ 10
28. Regulations ............................................................................................................................................................................................ 10

FIRST SCHEDULE [s. 19(6)] ............................................................................................................................................................................ 10
SECOND SCHEDULE [s. 27] ............................................................................................................................................................................ 11

................................................................................................................................................... 11

Counter-Trafficking in Persons Act (Cap. 61) 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]
An Act of Parliament to implement Kenya’s obligations under the United Nations Convention Against
Transnational Organized Crime particularly its Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children; to provide for the offences relating to trafficking in persons
and for connected purposes
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.

connected purposes
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;
1

rts;
(e) forcible or fraudulent use of any human being to take part in armed conflict;
(f) forced labour;
(g) child labour;
(h) sexual exploitation;
1

Counter-Trafficking in Persons Act (Cap.

Counter-Trafficking in Persons Act (Cap.

61) Kenya
(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.

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
(1) A person commits the offence of trafficking in persons when the person recruits, transports,
transfers, harbours or receives another person for the purpose of exploitation by means of—
(a) threat or use of force or other forms of coercion;
(b) abduction;
(c) fraud;
(d) deception;
(e) abuse of power or of position of vulnerability;
(f) giving payments or benefits to obtain the consent of the victim of trafficking in persons; or
(g) giving or receiving payments or benefits to obtain the consent of a person having control
over another person.

ictim of trafficking in persons; or
(g) giving or receiving payments or benefits to obtain the consent of a person having control
over another person.

(2) The consent of a victim of trafficking in persons to the intended exploitation shall not be relevant
where any of the means set out in subsection (1) have been used. 2

victim of trafficking in persons to the intended exploitation shall not be relevant
where any of the means set out in subsection (1) have been used. 2

Counter-Trafficking in Persons Act (Cap. 61) Kenya
(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. (4) An act of trafficking in persons may be committed internally within the borders of Kenya or
internationally across the borders of Kenya. (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. (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. 4.

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. 4.

Acts that promote child trafficking
(1) A person who for the purpose of trafficking in persons—
(a) adopts a child or offers a child for adoption;
(b) fosters a child or offers a child for fostering; or
(c) offers guardianship to a child or offers a child for guardianship,
commits an offence. (2) A person who initiates or attempts to initiate adoption, fostering or guardianship proceedings for
the purpose of subsection (1) commits an offence. (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. 5.

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. 5.

Promotion of trafficking in persons
A person who—
(a) 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;
(b) publishes, exports or imports, any material for purposes of promoting trafficking in persons; or
(c) manages, runs or finances any job recruitment agency for the purposes of promoting trafficking in
persons;
(d) by any other means promotes trafficking in persons,
commits an offence and is liable to imprisonment for a term of not less than twenty years or to a fine of
not less than twenty million shillings or to both and upon subsequent conviction, to imprisonment for life. 6.

less than twenty years or to a fine of
not less than twenty million shillings or to both and upon subsequent conviction, to imprisonment for life. 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. 3

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. 3

Counter-Trafficking in Persons Act (Cap. 61) Kenya
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.

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—
(a) 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
(b) confiscates, conceals, destroys or in any other manner deals with personal effects of another person
or threatens to do so 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,
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. 9.

en 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. 9.

Life threatening circumstances or death
Where in the course of commission of an offence under this Act—
(a) a victim of trafficking in persons suffers any permanent or life-threatening bodily harm; or
(b) by reason of the act of trafficking in persons, the victim of trafficking in persons dies, or is afflicted
with any other life threatening or terminal health condition;
a person convicted of the act of trafficking in persons shall be liable to imprisonment for life. 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.

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
(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 and of the witnesses. (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. (3) A person who discloses the name and personal circumstances of the victim of trafficking in persons
or any other information tending to establish the identity of a victim of trafficking in persons and
the circumstances of trafficking in persons commits an offence. 4

ormation tending to establish the identity of a victim of trafficking in persons and
the circumstances of trafficking in persons commits an offence. 4

Counter-Trafficking in Persons Act (Cap. 61) Kenya
(4) Where a trial is conducted in camera, any person who publishes the proceedings of the court
commits an offence. (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. 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—
(a) in order to prove whether an offence was committed under this Act—
(i) towards or in connection with the person concerned; or
(ii) under coercive circumstances referred to in section 3;
(b) for purposes of seeking the imposition by the Court of an appropriate sentence, that relates to the
extent of the harm suffered by the victim of trafficking in persons. 13.

g the imposition by the Court of an appropriate sentence, that relates to the
extent of the harm suffered by the 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—
(a) the costs of any medical or psychological treatment;
(b) the costs of necessary transportation, accommodation and other living expenses; or
(c) any other relief that the court may consider just. 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.

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
(1) The Cabinet Secretary shall in consultation with the Advisory Committee formulate plans for the
provision of appropriate services for victims of trafficking in persons and children accompanying
the victims, including—
(a) return to and from Kenya;
(b) resettlement;
(c) re-integration;
(d) appropriate shelter and other basic needs;
(e) psychosocial support;
(f) appropriate medical assistance;
(g) legal assistance or legal information, including information on the relevant judicial and
administrative proceedings; or
(h) any other necessary assistance that a victim may require. 5

ion, including information on the relevant judicial and
administrative proceedings; or
(h) any other necessary assistance that a victim may require. 5

Counter-Trafficking in Persons Act (Cap. 61) Kenya
(2) When developing the plans under subsection (1), the Cabinet Secretary 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. (3) Victims of trafficking in persons may be eligible to work for gain for the duration of their necessary
presence in Kenya. (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. (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. (6) The support services provided under this section shall be available to victims of trafficking in
persons regardless of their nationality. 16.

nds. (6) The support services provided under this section shall be available to victims of trafficking in
persons regardless of their nationality. 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
(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 in
favour of the Fund. (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. (3) Where the proceeds of crime 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. 18.

re 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. 18.

Repatriation of trafficked persons to and from Kenya
(1) Subject to this Act the Cabinet Secretary responsible for immigration matters may arrange for the
repatriation of the victims of trafficking in persons to their place of origin. (2) Where a Kenyan victim of trafficking in persons across the borders does not have proper
documentation, the Government shall issue the necessary travel documents to enable the victim of
trafficking in persons to travel and re-enter the country. (3) Where, in the opinion of the Cabinet Secretary for the time being in charge of immigration,
the repatriation of a victim of trafficking in persons from Kenya is likely to or would expose the
trafficked person to danger, the Cabinet Secretary may permit the trafficked person to continue
staying in Kenya for such period as the Cabinet Secretary may consider fit. Part IV – THE COUNTER-TRAFFICKING IN PERSONS ADVISORY COMMITTEE
19. Establishment of the Advisory Committee
(1) There is established a Committee to be known as the Counter Trafficking in Persons Advisory
Committee. 6

. Establishment of the Advisory Committee
(1) There is established a Committee to be known as the Counter Trafficking in Persons Advisory
Committee. 6

Counter-Trafficking in Persons Act (Cap. 61) Kenya
(2) The Counter Trafficking in Persons Advisory Committee shall consist of the following members—
(a) the Principal Secretary in the Ministry responsible for matters relating to immigration;
(b) the Principal Secretary in the Ministry responsible for matters relating to foreign affairs;
(c) the Principal Secretary in the Ministry responsible for matters relating to gender and
children;
(d) the Principal Secretary in the Ministry responsible for matters relating to labour;
(e) the Attorney-General;
(ea) the Director of Public Prosecutions;
(f) the Inspector-General of Police;
(g) a representative of the Kenya National Commission for Human Rights;
(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;
(i) one person nominated by the Central Organization of Trade Unions;
(j) one person nominated by the Federation of Kenya Employers;
(k) such other members as may be co-opted by the Advisory Committee.

n of Trade Unions;
(j) one person nominated by the Federation of Kenya Employers;
(k) such other members as may be co-opted by the Advisory Committee.

(3) The persons nominated under paragraph (2)(h), (i) and (j) shall be appointed by the Cabinet
Secretary and shall hold office for a term of three years, which shall be renewable for a further one
term. (4) The Secretariat of the Advisory Committee shall reside at the Ministry responsible for matters
relating to gender affairs. (5) The conduct and regulation of the business and affairs of the Advisory Committee shall be as
provided in the Schedule. (6) Except as provided in the First Schedule, the Advisory Committee may regulate its own procedure. [Act No. 19 of 2023, Sch.]
20. Functions of the Advisory Committee
(1) The functions of the Advisory Committee shall be to advise the Cabinet Secretary on inter-agency
activities aimed at combating trafficking and the implementation of preventive, protective and
rehabilitative programmes for trafficked persons.

gency
activities aimed at combating trafficking and the implementation of preventive, protective and
rehabilitative programmes for trafficked persons.

(2) Without prejudice to the generality of subsection (1) the Advisory Committee shall advise the
Cabinet Secretary on—
(a) formulation of a comprehensive and integrated program to prevent and suppress the
trafficking in persons;
(b) coordination of policies and programmes of the agencies to effectively address the issues and
problems attendant to trafficking in persons;
(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;
(d) formulation of programmes for the reintegration of both locally and internationally
trafficked persons;
7

cies and non-governmental organizations;
(d) formulation of programmes for the reintegration of both locally and internationally
trafficked persons;
7

Counter-Trafficking in Persons Act (Cap.

Counter-Trafficking in Persons Act (Cap.

61) Kenya
(e) monitoring and evaluation of the progress of Kenya with respect to prevention, protection
and prosecution efforts relating to trafficking in persons;
(f) consultation and advocacy with Government departments and agencies and non-
governmental organizations, to advance the purposes of this Act;
(g) compilation and documentation of data and information on cases of trafficking in persons
for purposes of policy formulation and program direction;
(h) development of mechanisms to ensure the timely, coordinated, and effective response to
cases of trafficking in persons;
(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;
(j) measures necessary to rehabilitate victims of trafficking in persons and in particular the—
(i) implementation of rehabilitative programmes including education and protective
programmes for the victims of trafficking in persons;
(ii) provision of counselling services and temporary shelter to victims of trafficking in
persons; and
(iii) establishment of centres and programmes for intervention at various levels of the
community;
(k) mechanisms to screen persons entering or leaving Kenya to determine if they are victims of
trafficking in persons;
(l) public information campaigns against trafficking in persons;
(m) establishment of and support community based initiatives that address trafficking in
persons;
(n) implementation of effective pre-employment orientation seminars and pre-departure
counselling programmes to applicants for overseas employment;
(o) such other functions necessary for the implementation of this Act.

and pre-departure
counselling programmes to applicants for overseas employment;
(o) such other functions necessary for the implementation of this Act.

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
(1) There is established a Fund to be known as the National Assistance Trust Fund for Victims of
Trafficking in persons which shall be administered by the Board of Trustees. (2) The Fund shall be used for the assistance of victims of trafficking in persons. 23. Sources of the Fund
(1) The sources of the Fund shall be—
(a) such monies as may be appropriated by Parliament for the purposes of the Fund;
8

ns. 23. Sources of the Fund
(1) The sources of the Fund shall be—
(a) such monies as may be appropriated by Parliament for the purposes of the Fund;
8

Counter-Trafficking in Persons Act (Cap. 61) Kenya
(b) any proceeds of crime confiscated or forfeited under section 17;
(c) income generated by investments made by the Board of Trustees; and
(d) any donation received by the Board of Trustees for purposes of the Fund. (2) Without limiting the generality of section 22(2), the Board of Trustees may make payments out of
the Fund for—
(a) the expenses arising out of assistance to the victims of trafficking in persons in the manner
referred to in section 15;
(b) the balance of damages under section 17(2); and
(c) such other purposes as the Advisory Committee may recommend. 24.

er
referred to in section 15;
(b) the balance of damages under section 17(2); and
(c) such other purposes as the Advisory Committee may recommend. 24.

Board of Trustees
(1) The Fund shall be administered by a Board of Trustees which shall consist of—
(a) the Chairman of the Advisory Committee;
(b) the Principal Secretary of the Ministry responsible for gender and children;
(c) a representative of the Ministry responsible for gender and children, appointed by the
Cabinet Secretary, who shall be the Secretary;
(d) a representative of the Ministry responsible for finance, appointed by the Cabinet Secretary
responsible for finance;
(e) one person conversant with issues relating to trafficking in persons; and
(f) one person with experience in financial management, who shall be the treasurer of the Board
of Trustees. (2) The members of the Board of Trustees under subsection (1)(e) and (f) shall be appointed by the
Cabinet Secretary, by notice in the Gazette, for a term of three years and shall be eligible for
reappointment at the expiry of the term. (3) The Board of Trustees shall conduct its affairs in accordance with regulations prescribed by the
Cabinet Secretary and subject to the law relating to trustees. Part VI – MISCELLANEOUS PROVISIONS
25.

in accordance with regulations prescribed by the
Cabinet Secretary and subject to the law relating to trustees. Part VI – MISCELLANEOUS PROVISIONS
25.

Extra-territorial jurisdiction
(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. (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. 26. Other penalties
(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. (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
9

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
9

Counter-Trafficking in Persons Act (Cap. 61) Kenya
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. (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). 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—
(a) any matter which is required or permitted by this Act to be prescribed;
(b) the inter-sectoral implementation of this Act;
(c) the repatriation process;
(d) the conduct of affairs of the Board of Trustees; and
(e) any other matter, which is necessary or expedient to prescribe in order to achieve or promote the
objects of this Act. FIRST SCHEDULE [s. 19(6)]
CONDUCT OF BUSINESS AND AFFAIRS OF THE ADVISORY COMMITTEE
1.

escribe in order to achieve or promote the
objects of this Act. FIRST SCHEDULE [s. 19(6)]
CONDUCT OF BUSINESS AND AFFAIRS OF THE ADVISORY COMMITTEE
1.

Tenure of office
(1) Any member of the Committee appointed under section 19(2)(l), (m) and (n) shall, subject to the
provisions of this Schedule, hold office for a period of three years, on such terms as may be specified in the
instrument of appointment, but shall be eligible for re-appointment for one further term of three years. 2. Vacation of office by member
A member appointed under section 19(2)(l), (m) and (n) may at any time resign from office by notice in
writing to the Minister. 3. Removal of office by member
(1) A member may be removed from office if the member—
(a) is adjudged bankrupt or enters into a composition scheme or arrangement with his creditors;
or
(b) is convicted of an offence involving dishonesty or fraud; or
(c) is convicted of a criminal offence and sentenced to imprisonment for a term exceeding six
months or to a fine exceeding ten thousand shillings; or
(d) is incapacitated by prolonged physical or mental illness or is becomes otherwise unfit to
discharge his duties as a member of the Advisory Committee; or
(e) fails to comply with the provisions of this Act relating to disclosure. 4.

unfit to
discharge his duties as a member of the Advisory Committee; or
(e) fails to comply with the provisions of this Act relating to disclosure. 4.

Meetings of the Advisory Committee
(1) The Advisory Committee shall meet not less than four times in every financial year and not more
than three months shall elapse between the date of one meeting and the date of the next meeting. 10

an four times in every financial year and not more
than three months shall elapse between the date of one meeting and the date of the next meeting. 10

Counter-Trafficking in Persons Act (Cap. 61) Kenya
(2) Notwithstanding the provisions of subparagraph (1), the Chairperson may call a meeting at
any time where it is considered expedient for the transaction of the business of the Advisory
Committee, by giving to the members a written notice of not less than seven days. (3) The members of the Advisory Committee shall, at the first meeting of the Advisory Committee,
elect from amongst their number, a Chairperson and Vice-Chairperson who shall not be of the same
gender. (4) The quorum for the conduct of the business of the Advisory Committee shall be eight members. (5) The Chairperson shall preside at every meeting of the Advisory Committee at which he is present
but, in his absence the Vice-Chairperson shall preside over the meeting. (6) Where both the Chairperson and the Vice-Chairperson are absent, the members present shall elect
one of their number who shall, with respect to that meeting and the business transacted thereat,
have all the powers of the Chairperson.

t shall elect
one of their number who shall, with respect to that meeting and the business transacted thereat,
have all the powers of the Chairperson.

(7) Unless a unanimous decision is reached, a decision on any matter before the Advisory Committee
shall be by a majority of votes of the members present and, in the case of an equality of votes, the
Chairperson or the person presiding shall have a casting vote. (8) Subject to subparagraph (4), no proceedings of the Advisory Committee shall be invalid by reason
only of a vacancy among the members thereof. (9) Subject to the provisions of this Schedule, the Advisory Committee may determine its own
procedures at meetings and the procedure for the attendance of any other persons at its meetings. 5. Minutes of the Advisory Committee
The Advisory Committee shall cause minutes of all resolutions and proceedings of meetings of the
Advisory Committee to be entered in books kept for that purpose. SECOND SCHEDULE [s. 27]
CONSEQUENTIAL AMENDMENTS
Spent
11