NAIROBI, Kenya – The International Association of Women Judges in Kenya, in collaboration with Equality Now, has unveiled the first-ever “Kenya Judicial Bench Book on Trafficking in Persons for Sexual Exploitation.”
This comprehensive guide aims to bolster the judiciary’s efforts in addressing the pervasive issue of sex trafficking within the country.
Despite the enactment of the Counter-Trafficking in Persons Act, Kenya continues to grapple with alarmingly low prosecution and conviction rates in human trafficking cases.
According to a joint statement by the partnering organizations, the country still faces one of the highest rates of human trafficking in Africa, with sexual exploitation being a predominant form.
The launch coincided with the World Day Against Trafficking in Persons, themed “Leave No Child Behind in the Fight Against Human Trafficking.”
This theme underscores the heightened vulnerability of women and children to trafficking, an issue that the new bench book specifically addresses.
Chief Justice Martha Koome emphasized the bench book’s role in enhancing the understanding of sex trafficking among judicial officers and court users.
“This Bench Book is a critical tool for our judiciary. It aims to demystify the crime of trafficking in persons for sexual exploitation, highlighting the legal intricacies and the institutional challenges that impede justice for victims and survivors,” said Chief Justice Koome.
The bench book serves as a resource for judges, magistrates, prosecutors, and other legal professionals, equipping them with the knowledge to identify potential victims and adopt trauma-informed approaches when handling such cases.
It also addresses common misconceptions that can hinder effective prosecution and adjudication, urging a human rights-based perspective.
The comprehensive guide references 87 cases and judgments from various countries, including Kenya, Uganda, South Africa, and others, offering a global perspective on combating sex trafficking.
The initiative is seen as a significant step forward in Kenya’s ongoing battle against human trafficking, complementing existing legal resources such as the 2022 Bench Book on Labour Trafficking and the 2018 Bench Book on Criminal Procedure.
Marion Ogeto, Equality Now’s program officer, acknowledged the government’s efforts but called for more robust action.
“While we appreciate the steps taken, the prosecution rates for trafficking, especially for sexual exploitation, remain disappointingly low despite Kenya’s strong legislative framework,” she stated.
The bench book highlights the disproportionate impact of sex trafficking on women and children, exacerbated by systemic gender inequalities and the increasing use of technology in perpetrating these crimes.
A report titled “Out of the Shadows: The Internet and Child Sexual Exploitation” indicated a rising trend in online child sexual exploitation, with Kenya, as a technological hub, being significantly affected.
