29th July 2024

Kenya Judicial Bench Book On Trafficking For Sexual Exploitation

Legal Manuals and Bench Books Africa

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In Kenya, trafficking in persons is prevalent, and trafficking for the purpose of sexual exploitation is one of the most common forms. And while Kenya has enacted the Counter-Trafficking in Persons Act (2010) and other laws to prevent trafficking in persons and protect trafficked people, the rate of prosecution of trafficking in persons cases remains low.

The Kenya Judicial Bench Book On Trafficking For Sexual Exploitation offers those working in the Kenyan judicial system a comprehensive guide to understanding and dealing with cases of trafficking in persons for sexual exploitation, and was prepared by the International Association of Women Judges Kenya Chapter (IAWJ Kenya Chapter), in partnership and with support from Equality Now.

What’s inside the bench book?

  • The Bench Book is a step towards ensuring that all victims of trafficking for sexual exploitation access justice in Kenya and that perpetrators are held to account, in line with Article 48 of the Constitution of Kenya (2010). It is designed to sensitise Judicial Officers, comprising Judges, Magistrates and other justice actors such as prosecutors, advocates, and probation officers in understanding the dynamics of trafficking for sexual exploitation with a view to identifying potential victims, being alert and responsive to their needs for support and protection, adopting human rights-based and trauma-informed approaches to handling cases, and addressing legal and evidentiary issues that arise in trafficking for sexual exploitation cases.

Who’s it for?

  • Judicial Officers including judges, magistrates and other justice actors such as Prosecutors, Advocates and Probation Officers
  • Government Officials
  • Law and policymakers
  • CSOs
  • Journalists
  • Donor agencies

Key takeaways and recommendations

The Bench Book:

  • Addresses the elements of the offence and analyses the factors that make women and girls disproportionately affected and impacted by trafficking for sexual exploitation, highlighting the gendered nature of trafficking for sexual exploitation.
  • Discusses common misconceptions related to trafficking for sexual exploitation, which can impact the ability of courts to prosecute and adjudicate effectively.
  • Calls on Judicial Officers to adopt a human rights-based and trauma-informed approach when handling cases of trafficking for sexual exploitation.

About

29 July 2024

102 pages

Languages

EN

EN

Classification

Legal Manuals and Bench Books
End sexual exploitation
Africa
Kenya

More information

For more information, contact Tsitsi Matekaire, Equality Now’s Global Lead, End Sexual Exploitation at tmatekaire@equalitynow.org.

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