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IOM Welcomes Passage of Kenya's 2010 Counter Trafficking in Persons Act

The Government of Kenya has signed into law new legislation to
crack down on human traffickers and offer protection to trafficking
victims in Kenya.

The law which was signed by President Mwai Kibaki last week
slaps a 30-year jail term or a hefty fine of 30 million Kenyan
Shillings (USD 370,000) on convicted traffickers, sending a stern
warning to individuals who engage in this illegal trade.

IOM provided technical and financial assistance in drafting the
new law as part of the "Counter-trafficking Through Capacity
Building, Awareness Raising and Assistance to Victims Programme"
funded by the Royal Norwegian Embassy in Kenya.

Other partners who contributed to the bill include the
Children's Foundation the CRADLE, the UN Office on Drugs and Crime
(UNODC), the Attorney General's Office, Children's Department in
the Ministry of Gender, the Law Reform Commission, the Federation
of Women Lawyers of Kenya (FIDA-K) and the Kenya National
Commission on Human Rights (KNCHR).

"This legislation represents a significant new tool for Kenya in
counter-trafficking law enforcement," says IOM's counter
trafficking expert Tal Raviv.

Although previous legislation under the 2001 Children's Act and
2006 Sexual Offences Act addressed the issue of trafficking,
neither law comprehensively defines the criminal nature of human
trafficking as stipulated in the UN Palermo Protocol, signed by
Kenya in 2005.

Under the new law, trafficking in persons is legally defined and
recognized for the first time, as a distinct crime in Kenya.
National counter trafficking efforts have until now been focused on
prevention and protection of victims with limited prosecution of
traffickers within the existing legal framework.

"We hope that the new Counter Trafficking in Persons Act will
create momentum to expand counter-trafficking initiatives in
accordance with the 2008-2013 National Plan of Action (NPA)," notes
Tal Raviv.  The Action Plan includes activities such as
supporting school retention rates as a preventive measure,
conducting information outreach to targeted populations, and
reducing vulnerability by supporting socio-economic development and
empowerment in vulnerable communities.

Other efforts include putting in place systems and procedures
for a national referral mechanism and strengthening the capacity of
law enforcement agencies and the judiciary to protect victims and
prosecute offenders. In addition to supporting drafting of the new
law, IOM has also provided technical support to the Ministry of
Labour to strengthen labour migration practices and to the Kenya
Association of Private Employment Agencies (KAPEA) to promote
ethical recruitment practices that do not contribute to human
trafficking. IOM also provided media training to enhance
investigative and reporting capacities and encourage coverage of
human trafficking and related issues.

For more information please contact:

Tal Raviv

IOM Nairobi

Tel: +254 20 4444 174

E-mail: "mailto:traviv@iom.int">traviv@iom.int

or

Alice Kimani

E-mail: "mailto:akimani@iom.int">akimani@iom.int