Kenya, grappling with one of the highest rates of human trafficking in Africa, has taken a landmark step to combat this pressing issue. The International Association of Women Judges in Kenya, in collaboration with Equality Now, has launched the “Kenya Judicial Bench Book on Trafficking in Persons for Sexual Exploitation.” This groundbreaking publication is the first bench book in Kenya focused specifically on sex trafficking and marks the second such resource on human trafficking in the country.
In her statement, Chief Justice Martha Koome acknowledged the significance of the initiative on World Day Against Trafficking of Persons noting that “This Bench Book on trafficking in persons for sexual exploitation seeks to facilitate a greater understanding of this form of trafficking, further bringing attention to the elements of this crime, including the institutional barriers, to support access to justice for victims and survivors.”
The Kenya Judicial Bench Book is designed to enhance the knowledge of judicial officers, including judges, magistrates, prosecutors, advocates, and probation officers, regarding the complexities of trafficking for sexual exploitation. It aims to:
Equip judicial officers to identify potential victims, respond effectively to their needs, and adopt appropriate strategies for dealing with trauma.
Unpack common misconceptions that may hinder effective prosecution and adjudication.
Advocate for a trauma-informed, rights-based approach in handling sex trafficking cases.
The bench book includes detailed analyses of 87 cases and judgments from various countries, providing a comprehensive view of global practices and judicial responses to sex trafficking.
Kenya is a signatory to the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons Especially Women and Children (the Palermo Protocol), and has incorporated this framework into national law through the Counter-Trafficking in Persons Act (2010). Despite this robust legislative framework, prosecution rates remain low. In 2023, the government reported only 19 trafficking cases prosecuted, including three sex trafficking cases.
Marion Ogeto, Program Officer at Equality Now, highlighted ongoing challenges: “While we welcome the government’s efforts, the prosecution of human trafficking, especially for sexual exploitation, remains inadequate despite Kenya’s strong legal framework. There are critical gaps in investigation and prosecution that need to be addressed, including the need for a specialized counter-trafficking police unit and a centralized law enforcement data collection system.”
The bench book underscores the heightened vulnerability of women and children to sex trafficking. In 2022, the National Crime Research Center reported that women constituted 41% and children 33% of sex trafficking victims. The publication also addresses how systemic gender-based discrimination and inequality exacerbate this vulnerability.
As Kenya continues to advance as a technology hub in East Africa, online child sexual exploitation remains a significant concern. The Anti-Human Trafficking and Child Protection Unit (AHTCPU) of the Directorate of Criminal Investigations has managed thousands of online child sexual exploitation cases in recent years, underscoring the urgent need for effective legal responses.
The launch of the Kenya Judicial Bench Book on Trafficking in Persons for Sexual Exploitation represents a vital addition to Kenya’s judicial resources and reflects a commitment to enhancing the legal response to trafficking. This new tool complements existing resources, including the Bench Book on Labour Trafficking (2022) and the Bench Book on Criminal Procedure (2018), and aims to foster more effective adjudication and support for victims.
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