This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 08 NAIROBI 000920 
 
SIPDIS 
 
SENSITIVE 
 
G/TIP, G, INL, DRL, PRM, IWI, AF/RSA 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB KE
SUBJECT: KENYA SUBMISSION FOR THE SIXTH ANNUAL TRAFFICKING 
IN PERSONS REPORT 
 
REF: SECSTATE 3836 
 
¶1.  (U) The following is Embassy Nairobi's submission for the 
Department's annual Trafficking in Persons Report (TIP). 
Information is keyed to the format provided in reftel. 
 
¶2. (SBU) STATUS AND EXTENT OF HUMAN TRAFFICKING IN KENYA 
 
¶I. Overview 
 
¶A. Origin, Transit, and Destination 
Origin 
Kenya continues to be a country of origin for victims of 
human trafficking destined for the Middle East, other nations 
in Eastern and Southern Africa, and Western Europe and North 
America. Kenyan victims overseas often find themselves forced 
into domestic servitude, prostitution, service in massage 
parlors (where it is also believed they are forced into 
prostitution), casino work, and enslavement in brothels. 
Kenyans are generally trafficked to the Middle East as cheap 
laborers and often as domestic workers to Europe. 
 
Transit 
The extent to which Kenya is utilized as a transit point for 
human traffickers remains unclear.  Kenya serves as a transit 
corridor for travel among Asia, the Middle East, Europe, and 
the other African nations, which makes it an attractive 
location for human smugglers. The degree to which this 
transit is human trafficking (or could become so at the 
onward destination) remains unknown. Authorities believe 
Asians (mainly Chinese women) are being smuggled to European 
destinations via Nairobi primarily to enter the commercial 
sex trade. Several Chinese women traveling on either forged 
Korean or Hong Kong travel documents have been discovered in 
Kenya, believed to be transiting to Europe and even the U.S. 
South Asians are also believed to transit Kenya through 
established smuggling operations. 63 Bangladeshis were 
discovered in Kenya in May 2005, believed to be workers 
transiting to European destinations. However, it is unclear 
whether any of these cases contain elements of human 
trafficking. Nevertheless, the same conditions which make 
Kenya attractive to human smugglers also make it attractive 
to human traffickers. 
 
Destination 
Evidence collected by local and international NGOs through 
first-person accounts and press reporting indicates that 
Kenya remains a destination for human trafficking victims. A 
Kenyan Police Service survey of brothels and massage parlors 
highlights the growing sex tourism trend along the Kenyan 
coast and in urban centers. Burundian and Rwandan nationals 
are working in the commercial sex trade or as domestic 
laborers, and may have been trafficked for these purposes. 
Additionally, trafficking within Kenya is a significant 
issue. (See II.B) 
 
More Research is Needed 
The problem of human trafficking in Kenya has not been 
adequately researched. Much of the information available, 
compiled by NGOs or international organizations, is dated or 
based on anecdotal evidence. However, the results of an 
embassy-funded survey conducted by the Institute of Policy 
Analysis and Research (a Kenyan NGO), focusing on human 
trafficking and its impact on labor issues in Kenya, should 
be available in late March. A comprehensive survey on the 
human trafficking phenomenon in Kenya and throughout East 
Africa undertaken by the International Organization for 
Migration (IOM) will be available later this year. A number 
of Kenyan NGOs are also undertaking surveys into the human 
trafficking situation in Kenya and the region. Additionally, 
UNICEF is conducting research on the extent and effect of 
commercial sexual exploitation of children in Kenya, which 
may reveal much about the trends in trafficking for sexual 
exploitation. 
 
¶B. General Overview Inside Kenya 
Neither the government nor NGOs canvassed for this report 
could provide reliable figures on internal trafficking, 
though all acknowledge that internal trafficking is of 
significant concern. Victims are recruited by promises of 
employment or access to education and generally trafficked 
from rural to urban areas to work as domestic laborers or in 
the commercial sex trade. Victims are lured from their 
villages by relatives, friends of friends, or employment 
agencies. Traffickers target commercial sex workers, would-be 
foreign workers, street children, HIV/AIDS and other orphans, 
rural-to-urban migrants, and refugees. Women and children are 
particularly vulnerable. Poverty, unemployment, HIV/AIDS, and 
the low status of women are among the root causes that render 
victims vulnerable to traffickers. The majority of these 
internal labor flows are a result of individuals seeking 
employment and better opportunities in order to survive. 
However, in some instances, individuals fall victim to 
traffickers and are exploited. 
Authorities and NGOs canvassed generally accept that Kenyan 
women play an active role in recruiting victims to the 
internal trafficking flow, while foreigners and Kenyan men 
are involved in external trafficking. Black market foreign 
employment agencies, brothel owners, or massage parlor 
operators also either traffic victims directly or benefit 
from established trafficking rings. Victims are believed to 
be trafficked through offers of false marriages, fraudulent 
adoption, false travel documents, and deceptive employment 
schemes. 
 
Examples of the government's political will to curb human 
trafficking and to better educate itself and the Kenyan 
people on the phenomenon are included throughout this report. 
 
¶C. Limitations on GoK's Ability to Address TIP 
As demonstrated throughout this report, there is a 
significant level of political will to address the problem of 
human trafficking. However, the government's ongoing 
political crises and parliamentary paralysis, coupled with 
bilateral pressures on other issues, makes human trafficking 
an issue to which the GoK has difficulty consistently 
dedicating focus or resources. The civil service is 
understaffed and ill equipped. The judiciary is 
dysfunctional. The lack of employment opportunities continues 
to pressure Kenyans to seek employment in vulnerable 
contexts.  Unemployment is estimated at 50 percent and more 
than 56 percent of the population survive on less than a 
dollar per day. The unique challenges posed by the HIV/AIDS 
epidemic and the attendant dramatic social consequences, 
further undermine the government's ability to address 
trafficking. (NOTE: An estimated 6.7 percent of adult Kenyans 
are infected with HIV. END NOTE.) 
 
The dearth of data on East African human trafficking trends 
continues to place constraints on the Kenyan government's 
ability to accurately assess the extent to which its 
citizenry is vulnerable to victimization by human 
traffickers. Further, resource constraints inhibit the 
government's ability to adequately track trends or identify 
potential TIP networks or smuggling rings. Other worthy 
issues, such as combatting HIV/AIDS, compete with trafficking 
as parliament considers budget priorities, given steep budget 
deficits. Budget constraints and insufficient capacity 
generally dictate that the government detain and deport, 
rather than arrest and investigate. These same constraints 
often prevent Kenya from collaborating with "deportee 
nations" on follow-up investigations without significant 
donor community or "deportee nation" assistance. Corruption 
among law enforcement authorities and other officials also 
hampers the government's ability to effectively address human 
trafficking. 
 
¶D. Inability to Monitor Anti-Trafficking Efforts 
The government's ability to systematically monitor its 
anti-trafficking efforts is severely constrained by lack of 
resources and capacity among the relevant agencies. (See I.C) 
 
II. PREVENTION 
 
¶A. GoK Acknowledges TIP as Problem in Kenya 
The GoK widely acknowledges that human trafficking is an 
issue affecting Kenya. Numerous national and local level 
government officials have frequently spoken out about the 
dangers of human trafficking and sex tourism. Further, during 
the 7th Eastern Africa Police Chiefs Cooperation Organization 
conference, held in Mombassa, Kenyan Police Commissioner 
Hussein Ali acknowledged that human traffickers were 
increasingly using Kenya as a point of transit. Chief Justice 
Evan Gicheru made similar points at a two-day workshop on 
human trafficking for East African judges. 
¶B. Various Levels of GoK Involved in Anti-Trafficking Efforts 
Numerous ministries have been involved in anti-trafficking 
efforts. The Ministry of Tourism and Wildlife and the 
Ministry of Home Affairs are actively involved in the 
development and implementation of a self-regulating code of 
conduct to protect children from tourism-related sexual 
exploitation. (See III.M) The Ministry of Labor and the 
Attorney General's office helped to implement the USG-funded 
ILO-IPEC time bound program targeting four fields of labor, 
all of which are TIP-susceptible. (See II.J) The Attorney 
General's office is assisting in the drafting of new 
anti-trafficking legislation. The Kenyan Police Service (KPS) 
is involved through its Criminal Intelligence Unit (CID) and 
Human Trafficking Unit (HTU) and has incorporated human 
trafficking awareness into its community policing training 
program. The Ministry of Labor, the Ministry of Foreign 
Affairs, and the Ministry of Home Affairs are engaged in the 
registration of both domestic and Foreign Employment Agencies 
(FEA) and the provision of foreign-worker counseling. The 
Department of Immigration disseminated TIP/PISCES information 
and is actively pursuing new trafficking-specific 
legislation. (See III.A) 
 
¶C. Public Awareness Campaigns 
The GoK widely disseminates anti-trafficking brochures, which 
include contact information for the 24-hour police hotline, 
the Police Children,s Desk, and several NGOs which 
facilitate victim assistance. The Ministry of Labor also 
conducts workers, rights counseling for Kenyan nationals 
working abroad. On the demand reduction side, the GoK is 
active in the establishment of a code of conduct for the 
tourism industry, which highlights the scourge of sex tourism 
in Kenya. (See III. M) 
 
¶D. GoK Supports other Programs to Prevent Trafficking 
The government's provision of free primary education 
nationwide and the Ministry of Education's "mobile schools 
program" all indirectly contribute to prevent vulnerable 
populations from falling victim to human traffickers. Women's 
empowerment programs funded though the parliamentary 
constituency development fund serve to indirectly bolster the 
government's counter-trafficking efforts. (See II.B.) 
Further, due to concerns about the risk human trafficking 
poses to Kenyan nationals destined for work in the Middle 
East, the Office of Human Resources, Management, and 
Employment (OHRME), under the Minister of Labor, extended the 
mandate of its satellite office which seeks to track and 
assist Kenyan nationals employed in Saudi Arabia. Back home, 
OHRME implements a notable program of education, awareness, 
and inspection for all Foreign Employment Agencies. This 
program is being expanded to also include domestic employment 
agencies. The Central Bureau of Statistics is currently in 
the process of conducting a nationwide household survey that 
will identify instances of child labor, the results of which 
will be used to create a national advocacy strategy to 
redress circumstances which make children vulnerable to child 
labor (and human trafficking). The Children's Department in 
the Ministry of Home Affairs is supported by UNICEF to 
implement a cash subsidy project in select locations 
throughout Kenya targeting vulnerable children by improving 
the capacity of extended families to absorb and care for 
orphans, many of whom have lost parents to HIV/AIDS. (See 
also II.J) 
 
¶F. GoK Cooperates with Civil Society to Address Trafficking 
The GoK increasingly cooperates, and often partners, with 
civil society to combat human trafficking. Of particular note 
is the collaboration between the Attorney General's office 
and civil society in the preparation of new anti-trafficking 
legislation. Various relevant ministries have participated in 
stakeholders meetings to provide input on the proposed bill. 
Additionally, the government has been active with civil 
society in promoting the adoption of a code of conduct for 
the tourism industry. (See III.M) 
 
¶G. GoK Monitors Immigration and Emigration Patterns 
Immigration officials participated in the American Bar 
Association-sponsored training on human trafficking. (See 
III. H) The GoK utilizes TIP/PISCES software (provided by the 
USG) to scrutinize travelers who have been placed on a 
government-wide &stop list8 and plans to use the software 
to examine various smuggling routes which could be exploited 
by traffickers. IOM has been working with the Ministry of 
Immigration to implement a USG-funded Capacity Building in 
Migration Management Project to improve the ministry's 
capacity and professionalism, including the establishment of 
a training facility. Additional IOM efforts focus on 
improving awareness of border security issues among relevant 
authorities. These programs should also bolster immigration 
officials, capacity to address human trafficking issues. 
 
¶H. GoK Mechanisms for Coordination with International and 
Multi-National Bodies 
There is no formally designated single point of contact in 
the GoK. However, IOM hosted a three-day anti-trafficking 
stakeholders workshop in November comprised of relevant 
government agencies and civil society. The workshop resulted 
in the creation of a task team and a network to facilitate 
GoK and civil society anti-trafficking efforts. Several 
anti-corruption entities exist in Kenya, some of which are 
charged with policy making, investigatory powers, or raising 
public awareness on corruption. 
 
¶J. GoK Lacks a National Plan of Action 
The government does not yet have a formal national action 
plan on TIP. This is not due to a lack of political will but 
rather results from diverse priorities competing for 
government attention and limited resources. Other critical 
issues such as counter-terrorism do not yet have formalized 
national action plans either. However, at the workshop 
sponsored by IOM, a task team comprised of relevant 
government agencies and civil society was formed to develop a 
national plan of action. 
 
Additionally, the GoK, with assistance from the ILO/IPEC, 
formulated a national time bound program to prevent labor 
exploitation of children by developing a comprehensive 
framework to address the root causes of child labor (which 
also render children vulnerable to human trafficking.) The 
program aims to overhaul existing labor-related policies and 
legislation by domesticating numerous international 
conventions, harmonizing existing domestic legislation, and 
enacting safeguards in sectors susceptible to child labor 
(and trafficking). 
 
III. Investigation and Prosecution of Traffickers 
 
¶A. Kenyan Anti-Trafficking Laws 
Kenya does not have a law specifically prohibiting 
trafficking in persons. However, traffickers can 
theoretically be prosecuted under existing legal provisions. 
The constitution of Kenya prohibits the practice of slavery. 
Further, the Penal Code prohibits the forced detention of 
women for the purposes of prostitution, and some trafficking 
offenses could be prosecuted under laws addressing child 
labor, abduction, attempted abduction, and the commercial and 
sexual exploitation of children. However, the GoK,s limited 
investigative and prosecutorial capacity impedes use of these 
legal provisions to prosecute suspected traffickers to the 
fullest extent. While Post believes the GoK is willing to 
prosecute cases of human trafficking, a comprehensive 
trafficking-specific legal framework is needed to adequately 
address the full scope of issues related to trafficking in 
persons and arm legal and law enforcement authorities with 
the necessary tools to successfully investigate, prosecute, 
and track cases of human trafficking. 
 
The GoK readily admits that such legislation is sorely needed 
to carry out an effective anti-trafficking campaign. 
Immigration officials lamented to Poloff that in the absence 
of specific anti-trafficking legislation, suspected 
traffickers can only be tried on related offenses, e.g., 
harboring aliens, which generally do not carry significant 
penalties. To address this shortcoming, in February, the 
Ministry of Immigration developed draft legislation that 
would criminalize human trafficking. The proposed bill 
suggests an equivalent USD 2,700 minimum fine and a minimum 
sentencing of ten years for trafficking in human beings. 
Several procedural stages remain before the bill is ready to 
be presented to parliament, but the ministry is very 
committed to pushing forward this initiative. 
 
Civil society, led by CRADLE (a child advocacy NGO), is 
pursuing a complementary initiative to develop a 
comprehensive legal framework to criminalize human 
trafficking and related activities (which would be broader in 
scope than the immigration-specific legislation noted above). 
Following input from a broad spectrum of stakeholders, 
including relevant government ministries, and with the 
assistance of the Attorney General's office, the draft bill 
is close to finalization and is expected to be presented to 
parliament later this year. (NOTE: Internal divisions in the 
government have slowed the legislative process to a near 
stand-still. There are numerous pieces of legislation 
proposed for consideration in the coming sessions of 
parliament. While many of these drafts are worthwhile and 
could pass a normally functioning parliament, we are doubtful 
that more than one or two bills will be passed in the 
remainder of this legislative session and cannot guarantee 
that trafficking legislation will fall within this fortunate 
minority.  END NOTE.) 
 
¶B. Penalties for Trafficking 
There are currently no specific penalties for human 
trafficking activities. 
 
¶C. Penalties for Rape 
The current legislative framework supporting the state's 
prosecution of rape cases remains weak. Rape of a child under 
the age of 14 is classified as a lesser offense of 
"defilement," with a maximum penalty of 5 years imprisonment. 
The maximum penalty for rape is life imprisonment; however, 
actual time served is often less than ten years. Furthermore, 
prosecution of rape cases remains low due to cultural 
inhibitions, fear of retribution, and disinclination of 
police to intervene in domestic disputes. However, the 
proposed Sexual Offenses Bill (anticipated to be put before 
parliament this year) would amend and consolidate relevant 
laws relating to sexual offenses to enhance protection and to 
proscribe enhanced penalties for sexual offenses. The bill 
proposes a minimum 20-year sentence for rape and sexual 
assault. The bill also proposes a fifteen-year minimum 
sentence for human trafficking for the purposes of sexual 
exploitation, and twenty years for child trafficking, 
regardless of the trafficker's purpose. (See Note, section 
III.A.) 
 
¶D. Prostitution is Criminalized 
Under Kenyan law, prostitution in and of itself is considered 
a misdemeanor. The Penal Code defines the "living on the 
earnings8 of prostitution, for both men and woman, as a 
misdemeanor. However, fines are limited and jail time is 
rarely enforced. The activities of brothel owners or 
operators are also criminalized as a misdemeanor; however, 
the activities of clients are not criminalized under Kenyan 
law. The proposed CRADLE anti-trafficking bill would impose a 
minimum sentence of five years imprisonment and/or fine of 
not less than USD equivalent 2.70 for engaging the services 
of trafficked persons for prostitution. 
 
¶E. GoK Limited in Ability to Investigate and Prosecute 
Trafficking 
The current legal and law enforcement structure makes 
compiling broad-spectrum statistics virtually impossible. 
Edward Muchori, Deputy Commissioner of Police, Operations and 
Investigations, CID, explained to Poloff that in the absence 
of an anti-trafficking statute, the KPS does not identify 
trafficking-related crimes as such. Rather, trafficking 
crimes are filed as rape, abduction, kidnapping, etc., and 
therefore the GoK is not able to provide accurate information 
on the number of human trafficking-related investigations or 
prosecutions. As a result, explained Muchori, the Anti-Human 
Trafficking unit cannot report any investigations into human 
trafficking cases during the period covered by this report. 
The existing legal structure (see III. A ) coupled with 
competing priorities for limited resources have further 
hindered investigation and prosecutions. Muchori emphasized 
the need for awareness and sensitization training for 
officers in the field to assist them in identifying cases of 
trafficking as such. 
 
Immigration authorities are generally more involved in 
suspected trafficking cases. Immigration officials reported 
several cases of suspected trafficking during the course of 
the year covered in this report. However, in the absence of 
offenses specifically defined as trafficking, suspects are 
charged with other offenses, rendering distinction between 
human smuggling and trafficking rather difficult. Case in 
point, a French national was found to be smuggling (or 
trafficking) several Chinese nationals. He was charged and 
convicted of harboring aliens and subsequently deported. 
¶F. Those Behind the Trafficking 
Concrete evidence of who is behind human trafficking in Kenya 
is unavailable. Anecdotal evidence and first-person accounts 
indicate that freelancers, members of organized crime 
syndicates, employment agencies, and marriage brokers are 
involved in trafficking. Ministry of Tourism officials 
believe that some tour operators may cater to sex tourists. 
Black market or unregistered Foreign Employment Agencies 
(FEA) have facilitated the trafficking of Kenyan nationals to 
Middle Eastern nations, notably Saudi Arabia, the United Arab 
Emirates, and Lebanon, and collect profits from such 
trafficking. There are no reports of government collusion in 
human trafficking. 
 
¶G. Active Investigation of Trafficking 
(See III.E) The use of electronic surveillance, under-cover 
operations, and the use of informants are not prohibited 
under Kenyan law. Covert operations are permissible. In some 
instances, Kenyan law allows suspects to benefit from 
mitigated punishment or immunity in exchange for continued 
cooperation during ongoing investigations. 
 
¶H. Specialized Trainings Provided 
The GoK collaborated with the American Bar Association to 
develop and conduct a training-of-trainers seminar on human 
trafficking for police and immigration officials. The project 
is in the process of developing a human trafficking training 
manual, which will be used to institutionalize 
trafficking-related issues into training continuums for 
police, immigration, and registration officers. The Ministry 
of Labor conducted workshops to sensitize domestic and 
foreign employment agencies on human trafficking issues. 
Chief Justice Evan Gicheru acknowledged the need for more 
training on human trafficking for legal and law enforcement 
authorities. (See II.A) 
 
¶I. Cooperative Investigations 
The GoK has expressed interest and willingness to cooperate 
with other nations in trafficking investigations. Ministry of 
Labor officials toured Middle Eastern nations, where an 
estimated 20-30,000 Kenyans are employed, and met with 
employment agencies and diplomatic missions to assess the 
human trafficking threat to Kenyan nationals in those nations 
and to raise awareness levels on human trafficking. The 
Ministry of Immigration frequently collaborates with 
diplomatic missions in Kenya to facilitate the authentication 
of travel documents in suspected trafficking cases and the 
repatriation of possible trafficking victims. However, 
according to Muchiro, no collaborative investigations took 
place with the CID in the year covered by this report. 
 
¶J. GoK Extradition/Deportation of Traffickers 
The GoK did not extradite nor deport persons charged with 
trafficking during the year covered by this report, though no 
provisions in Kenyan law prohibit such action. Nor is there 
any legal obstacle to the extradition of Kenyan nationals 
under Kenyan law. However, a French national was deported for 
a trafficking-related offense, though it remains unclear if 
his activities constituted human trafficking or smuggling. 
(See III.E) 
 
¶K. GoK Does Not Tolerate Trafficking 
There is not evidence to suggest that the GoK is in anyway 
involved in or tolerates human trafficking. 
 
¶M. Child Sex Tourism 
There were no pedophiles prosecuted or deported this year. 
Kenya's child sexual abuse laws do not have extraterritorial 
coverage. UNICEF and End Child Prostitution, Child 
Pornography and Trafficking of Children for Sexual Purposes 
(ECPAT) have been working with the GoK and civil society to 
promote the adoption and implementation of the Code of 
Conduct for the Protection of Children from Sexual 
Exploitation for the tourism industry. In February, 30 
members of the Kenya Hotelkeepers and Caterers Association 
signed onto the Code under the auspices of the Minister for 
Tourism. 
 
¶N. International Treaties 
Kenya ratified the ILO Convention 182 on May 7, 2001. On 
September 8, 2000, Kenya signed the Optional Protocol to the 
Convention on the Rights of the Child on the sale of 
children, child prostitution, and child pornography. Kenya 
acceded to the Protocol to Prevent, Suppress and Punish 
Trafficking in persons, especially Women and Children, 
supplementing the UN Convention Against Transnational 
Organized Crime on January 5, 2005. 
 
IV. GOK Protection and Assistance to Victims 
 
¶A. Victim Assistance Programs 
The GoK's ability to develop assistance programs and provide 
services for victims of trafficking is severely limited due 
to insufficient capacity among government service providers, 
a dearth of resources, and insufficient training. However, 
all of the government officials with whom Poloff discussed 
these issues readily recognized the need for expansion into 
this area and expressed a strong willingness to be more 
involved. Insufficient recourses are repeatedly cited as the 
number one reason that more government assistance has not 
been forthcoming. 
 
At a national level, the GoK does not specifically provide 
victims of human trafficking shelter, access to medical or 
social services, or afford temporary or permanent residence 
status. However, government plans for the creation of three 
victim assistance recovery shelters have recently been 
approved under a GOK-initiated sector-wide reform program 
targeting the legal sector, called the Governance, Justice, 
Law and Order Sector (GJLOS) Reform Program. The GoK provides 
street children (often victims of trafficking and sexual 
exploitation) with shelter and access to medical and 
psychological services. The government has also established 
District Advisory Children,s Centers throughout the nation 
that administer psycho-social services, medial and 
educational assistance, and foster programs for at-risk, 
orphaned, or abandoned children. The government provides 
consular services to Kenyan nationals who have been victims 
of human trafficking seeking repatriation. Several civil 
society organizations provide repatriation assistance to 
trafficking victims in close collaboration with 
national-level governmental authorities. NGOs also provide 
trafficking victims with legal assistance, shelter, and 
medical and psychological services. In many instances, these 
NGOs work in consultation with local government authorities. 
 
¶B. GoK Assistance to NGOs 
The GoK pays dues to IOM and ILO-IPEC, and coordinates donor 
funding to NGOs active in the reform of the judiciary under 
GJLOS. 
 
¶C. GoK Screening and Referrals 
While no formal screening or referral processes exist, NGOs 
providing victim assistance report good relations with local 
authorities who refer victims to their care. Local-level 
working relationships between government and civil society 
are generally quite strong. 
 
¶D. Respect for Victim's Rights 
Trafficking victims are reportedly not often treated as 
criminals.  However, foreign victims discovered in Kenya are 
frequently detained for short periods of time and deported. 
They also may face the possibility of immigration penalties, 
such as unlawful presence or failure to produce a passport, 
each carrying a fine equivalent to USD 270 and/or one-year 
jail sentence. The GoK facilitates consular assistance for 
foreign victims. Trafficking victims involved in prostitution 
can face both fines and prosecution, though in practice, they 
are frequently only fined. The fine for engaging in 
prostitution is KSH 1,300, approximately USD 17.50. 
 
¶E. Victim Involvement in Prosecutions 
Victims are able to assist the government in related 
investigations and prosecutions.  Trafficked persons are able 
to file civil suits against pimps, but such action is rare in 
practice. Foreign victims are usually deported before 
conclusion of investigations due to a lack of resources, 
limited capacity, and an absence of trafficking related 
offenses for which victims could assist in the investigation 
and prosecution. General dysfunction and delays within the 
judiciary present a significant hurdle to accessing legal 
redress for victims. The proposed CRADLE anti-trafficking 
bill would allow for victim restitution, which is not 
provided for under existing laws. 
 
¶F. Witness Protection 
Formal witness protection programs do not exist in Kenya. In 
theory, protection can be arranged through the Kenya Police 
Service, but this seldom occurs in practice. Due to continued 
parliamentary paralysis, a bill creating a formal witness 
protection program (tabled in parliament in 2004) continues 
to languish. (NOTE: The Kenyan parliament succeeded in 
passing only two pieces of legislation during the year 
covered by this report. END NOTE.) The GoK recognizes the 
need for greater victim assistance programs, however resource 
constraints inhibit greater development in this field. Child 
victims are placed under the care of local level children 
officers and placed in child homes or rehabilitation schools, 
where they receive basic counseling services. (See IV.A) 
 
¶G. GoK Training 
(See III.H and I) 
 
¶H. GoK Assistance to Repatriated Kenyans 
The GoK does not provide direct financial assistance to 
repatriated victims. Shelter is not currently provided 
specifically for trafficking victims, however the government 
plans to do so in the future. (See IV.A) The GoK collaborates 
with civil society, as funds and resources allow, and based 
on the extent to which civil society or victims inform the 
government of a need for assistance or collaboration. 
 
¶I. IOs and NGOs Assist Victims 
There are a variety of NGOs active, to varying degrees, in 
human trafficking and trafficking-related issues. Most of 
these NGOs are engaged in the area of sensitization and 
concentrate their efforts on public awareness campaigns, 
gender equity issues, the economic advancement of women, and 
women's and children's advocacy and outreach. Federation of 
Women Lawyers (FIDA-Kenya), Solidarity with Women in Distress 
(SOLWADI), CRADLE, and Solidarity with Daughters in Distress 
(SOLDIDI) work directly with trafficking victims and are 
active in the repatriation (both internationally and within 
Kenya) of trafficking victims and providing social and legal 
assistance. In addition, CRADLE and FIDA-Kenya are actively 
engaged in promoting legal reform that would introduce a 
comprehensive trafficking-specific statute. NGOs report 
positive working relations with the government. (See IV.A) 
 
¶3. (U) Poloff Melissa A. Sweeney (rank:03) spent 
approximately 87 hours in the preparation of this report. She 
can be reached at (254) 20-363-6186 (office) or (254) 
722-200-167, fax: (254) 20-363-3329. The following 
individuals also contributed to preparation of this report: 
Econoff (rank:02) spent 2.5 hours; PolCons (rank:02) spent 
hours; Deputy PolCons (rank:02) spent 1.5 hours; Consul 
General (rank:OC) spent .5 hour; Staff Assistant (rank:04) 
spent 1 hour; DHS/IOC (rank: GS-12) spent .5 hours; RSO/TIP 
Pisces Coordinator (contractor) spent .5 hours; Deputy Chief 
of Mission (rank:FEMC) spent .5 hours. 
BELLAMY