Judges Launch First-Ever Bench Book to Combat Sex Trafficking in Kenya

Kenya, one of Africa’s hotspots for human trafficking, particularly for sexual exploitation, has taken a significant step towards addressing this crisis.

On World Day Against Trafficking in Persons, July 30, 2024, the International Association of Women Judges in Kenya, in collaboration with Equality Now, unveiled the “Kenya Judicial Bench Book on Trafficking in Persons for Sexual Exploitation.”

Despite the enactment of the Counter-Trafficking in Persons Act, prosecution and conviction rates for human trafficking remain alarmingly low.

This new judicial resource aims to bridge the gap in the judicial system by providing comprehensive guidelines to judicial officers, including judges, magistrates, prosecutors, advocates, and probation officers, on understanding and tackling the complexities of trafficking for sexual exploitation.

The Chief Justice Martha Koome emphasized the importance of this initiative, stating, “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 launch marks the introduction of the first bench book focused on sex trafficking in Kenya and the second on human trafficking overall, following the Bench Book on Labour Trafficking (2022) and the Bench Book on Criminal Procedure (2018).

This new resource complements existing legal tools, aiming to enhance the judicial response to human trafficking cases.

Marion Ogeto, Equality Now’s program officer, acknowledged the government’s efforts but highlighted the ongoing challenges.

“We welcome the steps taken by the government; however, prosecution of human trafficking is dismal, especially trafficking for sexual exploitation despite Kenya’s robust legislative framework,” she said.

As Kenya continues to grapple with high rates of human trafficking, this bench book represents a critical tool in strengthening the judicial system’s ability to effectively prosecute and convict traffickers, ultimately ensuring justice for victims and survivors.