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UNCLAS SECTION 01 OF 13 NAIROBI 000763 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR G/TIP, G, INL, DRL, PRMAF/E, AND AF/RSA, 
DEPT PASS TO DEPT OF LABOR 
 
SIPDIS 
 
E.O. 12958:  N/A 
TAGS: PHUM PGOV PREF EAID KCRM KWMN KFRD ELAB SMIG ASEC KE
SUBJECT: KENYA: EIGHTH ANNUAL TRAFFICKING IN PERSONS REPORT 
 
REF: STATE 2731 
 
NAIROBI 00000763  001.2 OF 013 
 
 
SENSITIVE BUT UNCLASSIFIED 
 
¶1. (U) The following information is keyed to the paragraphs in 
reftel. 
 
-------------------------------------- 
Overview of a country's activities to 
eliminate trafficking in persons: 
-------------------------------------- 
 
¶2. A. (SBU) Kenya is a source, transit, and destination country for 
trafficking in persons. Victims are trafficked for sexual 
exploitation through the country from Asian countries and the Middle 
East en route to European destinations. Women are trafficked to the 
Middle East, other African nations, Western Europe, and North 
America for forced domestic servitude and manual labor, massage 
parlors and brothels. Burundian and Rwandan nationals are working in 
the commercial sex trade or as domestic laborers in Kenya, and may 
have been trafficked for these purposes.  Children are trafficked 
from Rwanda, DRC, Ethiopia, Uganda and Somalia to towns including 
Kisumu, Nakuru, Nairobi and Mombasa.  Most trafficked girls end up 
working as barmaids, where they are vulnerable to sexually 
exploitation, or as child prostitutes.  As awareness and 
understanding of human trafficking among communities grows, there is 
general acknowledgement that internal trafficking is prevalent. 
There have been several studies that describe how trafficking works 
in Kenya, but, there are no credible statistics to quantify the 
phenomena. 
 
Human trafficking in Kenya continues to attract the attention of the 
media, the public and the Kenya Government.  A joint UNICEF/Ministry 
of Home Affairs research report on child sex tourism in four coastal 
districts launched on December 19, 2006, continues to be a point of 
reference as data on trafficking continues to be unavailable.  Media 
covered trafficking issues in a generally responsible manner, 
although there were some sensational media reports. ANPPCAN, CRADLE, 
and the Solidarity Center have published reports on trafficking 
describing how the process works in Kenya. 
 
Women, children, men, and refugees continued to be at risk.  Girls 
are more at risk of being trafficked as child domestics, barmaids or 
prostitutes. Boys are exploited in domestic servitude, agriculture, 
and as herdsmen. 
 
There are reports that adults who traveled to the Middle East 
seeking work are exploited. Women find work mainly as domestics, 
while men are employed mainly in the construction industry. 
 
¶B. (SBU) Kenya remained a source, transit, and destination country 
for men, women, and children trafficked for the purposes of forced 
labor and commercial sexual exploitation.  Kenyan children were 
trafficked within the country for domestic servitude, street 
vending, agricultural labor, and commercial sexual exploitation, 
including involvement in the coastal sex tourism industry. 
Conditions were harsh, with long hours, poor or nonexistent pay. 
Trafficked children were often physically and sexually abused. 
Kenyan women and girls were trafficked to the Middle East, other 
African nations, Europe, and North America for domestic servitude, 
enslavement in massage parlors and brothels.  They were lured by 
deceptive employment offers or false marriage offers.  Kenyan men 
were usually exploited in construction in the Middle East. 
Employment agencies facilitate and profit from the trafficking of 
Kenyan nationals to Middle Eastern nations, notably Saudi Arabia, 
the U.A.E., and Lebanon, as well as Germany.  Chinese, Indian, and 
Pakistani women reportedly transited Nairobi en route to 
 
NAIROBI 00000763  002.2 OF 013 
 
 
exploitation in Europe's commercial sex trade.  Brothels and massage 
parlors in Nairobi employ foreign women, some of whom are likely 
trafficked. 
 
Males and females ages 13 to 25 are the most common victims.  The 
HIV/AIDS pandemic has produced hundreds of thousands of orphans and 
vulnerable children who are easy targets for traffickers.  The 
majority of domestic victims are from poor households with little 
education and poor employment prospects.  Educated people are 
trafficked both domestically, and internationally.  Internal and 
regional victims are usually transported on public road 
transportation.  Victims traveling to the Middle East, Europe, and 
the U.S. generally possess travel documents and travel alone to the 
destination, where they are then exploited. 
 
Internal trafficking is largely a rural to urban movement, with 
victims coming from Western, Eastern, Nyanza, Rift Valley, and Coast 
Provinces and Nairobi.  Somali in refugee camps and in the Eastleigh 
section of Nairobi are also victims, especially of false and/or 
early marriage.  Traffickers generally operated in small, local 
rings targeting poor families with false offers to take, raise, and 
educate children or youth in towns.  They usually gained the trust 
of the families through family or tribal ties, but some posed as 
clergy or employment recruiters.  Some parents knowingly gave their 
child to a friend or relative to work, both as a means of feeding 
the child, with the expectation of remittance of the child's 
earnings.  Despite child-protection legislation outlawing the 
practice, employing children as domestics and farm workers is still 
regarded as normal in Kenya.  Children also recruited other children 
to work as domestics or prostitutes. 
 
Trafficking within the region appears to be the work of small or 
family-based crime groups.  Children and youth are commonly 
trafficked across borders for exploitation as cheap, forced labor. 
Porous borders and corruption of border police made undocumented 
movement easy. 
 
The case of two children trafficked from Bomet to Tanzania is 
illustrative.  A Tanzanian woman approached a large, poor family, 
claiming to be a member of the clergy. She convinced the parents to 
allow a 10-year old boy and a 12-year old girl to be raised by her 
at a religious establishment in Tanzania.  Instead, the children 
were forced to work on the woman's farm.  The girl twice attempted 
to escape, but police found and returned her to the trafficker, who 
claimed the girl was her own daughter.  The girl finally escaped and 
returned to her home in Kenya, where she convinced authorities to 
locate and rescue her brother.  The Tanzanian trafficker and her 
Kenyan accomplice disappeared, but are suspected of having 
trafficked 40 Kenyan children in this manner. 
 
The Government increasingly collaborated with NGOs and international 
organizations (IO) to combat human trafficking. Awareness among 
government departments grew during the year, largely due to NGO and 
IO efforts to study the issue, educate the media, and inform the 
public about the problem.  The Ministry of Home Affairs chaired the 
National anti-Trafficking Steering Group and worked closely with 
stakeholders to develop a National Plan of Action.  The fight 
against child trafficking was the theme of the Day of the African 
Child commemorated across the country on June 16, 2007. 
 
¶C. (SBU) The Government has mandated the Ministry of Home Affairs 
under the Vice President's Office to coordinate the government's 
anti-TIP efforts.  In turn, the Ministry of Home Affairs has 
designated its Children's Department as the lead agency.  During the 
reporting period, the Ministry of Local Government and Provincial 
Administration supported efforts to enlist hotels and other tourism 
sector stakeholders to enforce the Code of Conduct (the Code) 
 
NAIROBI 00000763  003.2 OF 013 
 
 
against child sex tourism (CST). These Government departments 
supported NGOs and convened meetings to sensitize stakeholders to 
the need to uphold the Code.  In the North Coast area of Malindi, 
the local District Commission established and chaired an active 
District-level anti-CST committee.  This committee was formed after 
an appeal by the U.S. Ambassador during his July 2007 visit to the 
District.  A local NGO reported that 20 hotels in the Malindi area 
pledged to enforce the Code of Conduct against CST, increasing the 
number of participating hotels to over 40. 
 
¶D. (SBU) Senior government officials and government officials 
working with children accept that Kenya has a trafficking problem. 
However increased awareness within the Government at all levels is 
needed to foster better cooperation with civil society, and to 
strengthen public education efforts.  Government agencies such as 
the Ministry of Home Affairs and the Ministry of Labor and Human 
Resource Development do not have sufficient resources for their 
local officers to work effectively to protect children or help 
victims.  A variety of laws address some aspects of trafficking. 
Additionally, the absence of a comprehensive anti-trafficking law 
hampers police and the criminal justice system (who are also 
under-resourced and not well-trained on trafficking) in fighting 
TIP.  Widespread corruption among immigration and police officials 
is another obstacle to the government's anti-TIP efforts. 
 
¶E. (SBU) The government had no mechanism to assess or report its 
anti-trafficking efforts, but officials addressing anti-trafficking 
or child labor events described the government's anti-TIP efforts in 
detail.  The Ministry of Home Affairs began collecting information 
on trafficking cases in 2007 from the media, foreign governments, 
the UN Organization for Drugs and Crime, and the police. 
 
During the reporting period the Vice President, Attorney General, 
Labor Minister, and other senior officials spoke at length of the 
government activities to combat TIP at events such as the September 
2007 1st International Conference on Child Sexual Abuse in Africa 
and the launch of the Solidarity Center's study on trafficking in 
Kenya. 
 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
--------------------------------------------- -- 
 
¶3. A. (SBU) Kenya does not have comprehensive anti-trafficking in 
persons legislation. During the reporting period the Attorney 
General's office worked with NGOs to refine a bill that should be 
completed in 2008.  In the absence of comprehensive anti-TIP 
legislation, various sections of the Penal Code, the Sexual Offenses 
Act of 2006, and the Children's Act of 2001 criminalize certain acts 
associated with trafficking of children and trafficking in persons 
for the purpose of sexual exploitation. 
 
Section 174 of the Penal Code states, "Any person who forcibly or 
fraudulently takes or entices away or detains a child; or receives 
or harbors the child, knowing it to have been taken or enticed away 
or detained is guilty of a felony and is liable for imprisonment for 
seven years." 
 
Section 254 of the Penal Code states, "Any person who conveys any 
person beyond the limit of Kenya without the consent of that person 
or of some person legally authorized to consent on behalf of that 
person is said to kidnap that person from Kenya." 
 
Section 255 creates the offence of kidnapping of a minor under the 
age of 14 if male or age 16 if female without the consent of the 
guardian and sets the penalty at seven years imprisonment. 
 
Section 260 creates the felony offence of kidnapping or abducting in 
 
NAIROBI 00000763  004.2 OF 013 
 
 
order to subject a person to grievous harm or slavery and sets the 
penalty at 10 years imprisonment. 
 
Section 261 criminalizes the wrongful concealment or confinement of 
a kidnapped person, setting the same penalty as a kidnapper. 
 
Section 264 criminalizes the "Buying or disposing of a person as a 
slave."  To import, export, remove, buy, sell, or dispose of any 
person as a slave, or to accept, receive or detain against his will 
any person as a slave is an offense and the penalty is seven years 
imprisonment. 
 
Section 265 creates the felony offense of "habitual dealer in 
slaves," and sets the penalty at 10 years imprisonment.  Section 266 
outlaws any person who unlawfully compels any person to labor 
against his will. 
 
Section 15 of the Children's Act of 2001 states, "A child shall be 
protected from sexual exploitation and use in prostitution, 
inducement or coercion to engage in any sexual activity, and 
exposure to obscene materials."  Section 13.1 states, "A child shall 
be entitled to protection from physical and psychological abuse, 
neglect and any other form of exploitation including sale, 
trafficking or abduction by any person.  The Act sets no penalties 
for violations. 
 
The Sexual Offenses Act of 2006 includes the following provisions: 
 
Section 13: Child Trafficking: A person including a juristic person 
who, in relation to a child - 
 
a) knowingly or intentionally makes or organizes any travel 
arrangements for or on behalf of a child within or outside the 
borders of Kenya, with the intention of facilitating the commission 
of any sexual offence against that child, irrespective of whether 
the offence is committed; 
 
b) supplies, recruits, transports, transfers, harbors or receives a 
child, within or across the borders of Kenya, for purposes of the 
commission of any sexual offence under this Act with such child or 
any other person, 
is, in addition to any other offence for which he or she may be 
convicted, guilty of the offence of child trafficking and is liable 
upon conviction to imprisonment for a term of not less than ten 
years and where the accused person is a juristic person to a fine of 
not less than two million shillings. 
 
Section 14 Child sex tourism: A person including a juristic person 
who: 
 
a) makes or organizes any travel arrangements for or on behalf of 
any other person, whether that other person is resident within or 
outside the borders of Kenya, with the intention of facilitating the 
commission of any sexual offence against a child, irrespective of 
whether that offence is committed; or 
 
b) prints or publishes, in any manner, any information that is 
intended to promote or facilitate conduct that would constitute a 
sexual offence against a child 
 
c) introduces, organizes or facilitates contact with another person 
under the auspices of promoting tourism, in any manner, in order to 
promote conduct that would constitute a sexual offence against a 
child, is guilty of an offence of promoting child sex tourism and is 
liable upon conviction to imprisonment for a term of not less than 
ten years and where the accused person is a juristic person to a 
fine of not less than two million shillings. 
 
NAIROBI 00000763  005.2 OF 013 
 
 
 
Section 15 Child prostitution: Any person who: 
 
a) knowingly permits any child to remain in any premises, for the 
purposes of causing such child to be sexually abused or to 
participate in any form of sexual activity or in any obscene or 
indecent exhibition or show; 
 
 
b) acts as a procurer of a child for the purposes of sexual 
intercourse or for any form of sexual abuse or indecent exhibition 
or show; 
 
c) induces a person to be a client of a child for sexual intercourse 
or for any form of sexual abuse or indecent exhibition or show, by 
means of print or other media, oral advertisements or other similar 
means; 
 
d) takes advantage of his influence over, or his relationship to a 
child, to procure the child for sexual intercourse or any form of 
sexual abuse or indecent exhibition or show; 
 
e) threatens or uses violence towards a child to procure the child 
for sexual intercourse or any form of sexual abuse or indecent 
exhibition or show; 
 
f) intentionally or knowingly owns, leases, rents, manages, occupies 
or has control of any movable or immovable property used for 
purposes of the commission of any offence under this Act with a 
child by any person; 
 
g) gives monetary consideration, goods other benefits or any other 
form of inducement to a child or his parents with intent to procure 
the child for sexual intercourse or any form of sexual abuse or 
indecent exhibition or show, 
commits the offence of benefiting from child prostitution and is 
liable upon conviction to imprisonment for a term of not less than 
ten years. 
 
Section 18: Trafficking for Sexual Exploitation: 
 
1) Any person who intentionally or knowingly arranges or facilitates 
travel within or across the borders of Kenya by another person and 
either - 
 
a) intends to do anything to or in respect of the person during or 
after the journey in any part of the world, which if done will 
involve the commission of an offence under this Act; or 
 
b) believes that another person is likely to do something to or in 
respect of the other person during or after the journey in any part 
of the world, which if done will involve the commission of an 
offence under this Act, is guilty of an offence of trafficking for 
sexual exploitation. 
 
2) A person guilty of an offence under this section is liable upon 
conviction, to imprisonment for a term of not less than fifteen 
years or to a fine of not less than two million shillings or to 
both. 
 
¶B. (SBU) The Sexual Offenses Act of 2006 provides a minimum sentence 
for trafficking of people for sexual exploitation  10 years in 
prison and a fine of approximately two million shillings 
(approximately USD 27,400).  The maximum sentence is life 
imprisonment. 
 
The Sexual Offences Act has not been fully operationalized, so there 
 
NAIROBI 00000763  006.2 OF 013 
 
 
were no prosecutions under this law in the reporting period.  The 
GOK appointed a Task Force to implement the Act, chaired by High 
Court Judge Lady Justice Joyce Aluoch. 
 
The Employment Act of 2007 sets the requirements for recruiters and 
foreign employers for employing Kenyans outside of Kenya.  Some 
recruiters and Kenyan migrants follow the procedure described below 
of having the Ministry of Labor and Human Resource Development vet 
their contracts for compliance with Kenyan labor laws.  The Saudi 
Embassy confirms contracts for Kenyan migrants.  However, some 
Kenyan migrants claim they are traveling for education or tourism 
rather than employment, and do not avail themselves of this 
service. 
 
The Employment Act provides as follows: 
 
Section 82. This part shall apply in respect of every foreign 
contract of service, being a contract for service made in Kenya and 
to be performed in full or in part outside Kenya, and a contract for 
service with a foreign state, except a contract for service entered 
into with, by or on behalf of the government. 
 
Section 83. A foreign contract of service shall be in the prescribed 
form, signed by the parties thereto, and shall be attested by a 
labor officer. 
 
Section 84. A foreign contract of service shall not be attested 
unless the labor officer is satisfied- 
(a) that the consent of the employee to the contract has been 
obtained 
(b) of the absence of any fraud, coercion or undue influence, and 
any mistake of fact, or misrepresentation which might have induced 
the employee to enter into the contract; 
(c) that the contract is in the prescribed form; 
(d) that the terms and conditions of employment contained in the 
contract comply with the provisions of this. Act and have been 
understood by the employee; 
(e) that the employee is medically fit for the performance of his 
duties under the contract; and 
(f) that the employee is not bound to serve under any other contract 
of service during the period provided in the foreign contract. 
 
Section 85.(1) When the employer who enters into a foreign contract 
of service does not reside or carry on business within Kenya, the 
employer shall, or where the employer resides in Kenya, the labor 
officer may require the employer to, give security by bond in the 
prescribed form, with one or more sureties resident in Kenya and 
approved of by the labor officer for the due performance of the 
contract in such sums as the labor officer considers reasonable. 
 
(2) Where the employer has an authorized agent resident in Kenya, 
the Minister may require that the security bond specified in 
subsection (1) be given by the agent and the agent shall personally 
be bound by the terms of the bond notwithstanding the disclosure of 
his principal. 
 
The Employment Act of 2007 defines forced or compulsory labor to 
mean any work or service which is extracted from any person under 
the threat of any penalty, including the threat of a loss of rights 
or privileges, which is not offered voluntarily by the person doing 
the work or performing the service; 
 
Section 4.1 of the Act states: 
 
(1) No person shall use or assist any other person in recruiting, 
trafficking or using forced labor. (The Act does not define 
trafficking or refer to another law that does.) 
 
NAIROBI 00000763  007.2 OF 013 
 
 
 
The Act defines the worst form of child labor with respect to 
juveniles to mean their employment, engagement or usage in any 
activity comprising of 
 
(a) all forms of slavery or practices similar to slavery, such as 
the sale and trafficking of children, debt bondage and serfdom and 
forced -or compulsory recruitment of children for use in armed 
conflict; 
(b) the use, procuring or offering of a child for prostitution, for 
the production of pornography or for pornographic performances; 
(c) the use, procuring or offering of a child for illicit 
activities, in particular for the production and trafficking of 
drugs as defined in the relevant international treaties; 
(d) work which, by its nature or the circumstances in which it is 
carried out, is likely to harm the health, safety or morals of the 
child; 
 
¶B. (SBU) Under the Sexual Offenses Act of 2006, the minimum sentence 
for trafficking of people for sexual exploitation under the various 
existing laws is 10 years in prison and a fine of approximately 
$27,400 (approximately two million shillings).  The maximum is life 
imprisonment. 
 
There were no prosecutions under these laws in the reporting period. 
 The Sexual Offences Act has not been fully operationalized. The GOK 
appointed a Task Force to implement the Act, chaired by High Court 
Judge Lady Justice Joyce Aluoch. 
 
¶C. (SBU) Under Section 4 of the Employment Act of 2007, the penalty 
for recruiting, trafficking or using forced labor shall be a fine 
not exceeding five hundred thousand shillings (approximately USD 
7700) or up to two years imprisonment, or both. 
 
Section 86 of the Employment Act of 2007 states that person who 
violates the provisions regarding employing a Kenyan outside Kenya 
is subject to a fine not exceeding two hundred thousand shillings 
(approximately USD 3100) or up to six months imprisonment, or both. 
 
No specific law in Kenya punishes employers or labor agents who 
confiscate workers' passports or travel documents, switch contracts 
without the worker's consent as a means to keep the worker in a 
state of service, or withhold payment of salaries as a means of 
keeping the worker in a state of service.  The Employment Act and 
other labor laws protect the rights of migrant as well as Kenyan 
workers. 
 
There were no arrests or convictions for labor trafficking or forced 
labor during the reporting period. 
 
¶D. (SBU) Under the Penal Code, the penalty for rape is imprisonment 
for a period of 10 years to life.  The penalty for gang rape is 15 
years to life imprisonment.  The minimum term in prison for 
trafficking for the purpose of sexual exploitation is 15 years' 
imprisonment, a fine of up to approximately 2 milion Shillings 
(approximately USD27,400), or both.  As Kenya does not have 
legislation specifically proscribing trafficking in persons or 
commercial sexual exploitation, no comparison of penalties is 
possible. 
 
-- E. Prostitution is not illegal.  However, the activities of the 
pimp and brothel are criminalized. Section 17 of the Sexual Offenses 
Act, Exploitation of prostitution, states: 
 
Any person who- 
 
(a) intentionally causes or incites another person to become a 
 
NAIROBI 00000763  008.2 OF 013 
 
 
prostitute; and 
 
(b) intentionally controls any of the activities of another person 
relating to that persons prostitution; and does so for or in 
expectation of gain for him or her self or a third person, is guilty 
of an offence and is liable upon conviction to imprisonment for a 
term of not less than five years or to a fine of five hundred 
thousand shillings (approximately USD 7700) or to both. 
 
Section 182 of the Penal Code on idle and disorderly persons states 
that "Every common prostitute behaving in a disorderly or indecent 
manner in any public place", "Every person who without lawful excuse 
publicly does any indecent act, and "every person who in any public 
place solicits for immoral purposes" is guilty of a misdemeanor. 
The penalty for the first offence is imprisonment for one month 
and/or a fine up to one hundred shillings (approximately USD 1500). 
The penalty for every subsequent offence is imprisonment for one 
year. 
 
¶F. (SBU) A number of human trafficking cases were prosecuted, with 
some suspects being given prison sentences. Examples: 
 
In April 2007, two women who allegedly lured a 14 year old to their 
home and encouraged her to engage in sexual activity were arrested 
on defilement and child prostitution charges. Both charges carry a 
maximum of life imprisonment. The women were remanded in custody. 
The case is still pending. 
 
In June 2007, a German National was arrested under the Sexual 
Offences Act and charged with sexually exploiting two children aged 
17 years and 16 years at Likoni children's home who had been 
trafficked from Nyanza. The matter is still pending. 
 
One person was charged with sexual abuse of children under the 
Sexual Offences Act and two accomplices were sought by police. 
 
Six people were charged under the Children's Act with the sale and 
trafficking of 14 children in Bomet and Nandi Districts of Rift 
valley Province. 
 
The Police Commissioner worked with Interpol to investigate the 
suspected trafficking to Ireland of four children ages 4 to 14 
years. 
 
The Police Commissioner worked with Interpol to investigate the case 
of a 19 year old woman allegedly trafficked to Holland. 
 
Police investigated the trafficking of two children to Tanzania who 
were rescued and taken to a children's home.  Police suspect the 
Tanzanian and Kenyan perpetrators had trafficked 40 children and six 
adults. 
 
In July 2007, two female secondary school teachers in Kirinyaga 
District were arrested for alleged child trafficking based on a tip. 
 
 
In October 2007, police in Malindi arrested an Italian national on 
suspicion of drug trafficking, child prostitution and human 
trafficking.  His passport was expired and had false stamps 
extending his stay in Kenya until 2015. 
 
No specific law in Kenya punishes employers or labor agents who 
confiscate workers' passports or travel documents, switch contracts 
without the worker's consent as a means to keep the worker in a 
state of service, or withhold payment of salaries as a means of 
keeping the worker in a state of service.  The Employment Act and 
other labor laws protect the rights of migrant as well as Kenyan 
 
NAIROBI 00000763  009.2 OF 013 
 
 
workers. There were no arrests or convictions for labor trafficking 
or forced labor during the reporting period. 
 
Due to a lack of systematic tracking of anti-TIP efforts, the GOK 
can not provide statistics on the total and types of trafficking 
cases prosecuted. 
 
¶G. (SBU) The Kenya Police Training College regularly invites the 
Federation of Women Lawyers (FIDA) to make presentations on 
trafficking and child protection to police recruits during training. 
 Under a USG program, the American Bar Association (ABA) provided a 
week-long TIP training for 45 police officers in December 2007.  The 
Head of Police Training attended the course. 
 
FIDA expects the police will formally incorporate FIDA's 
presentation into its curriculum in 2008.  The draft National Plan 
of Action calls for government training facilities, including the 
Kenya Institute of Administration (KIA), and the Kenya Police 
Training (KPC) College and the Administration Police Training 
College (APTC), to include a detailed unit on TIP in their 
curricula. 
 
¶H. (SBU) The GOK cooperated with Interpol to help convict three 
women who had trafficked babies to the United Kingdom, and are still 
working with it and the British government to extradite the main 
culprit, Gilbert Deya, to Kenya to face charges.  Kenyan police 
worked informally with Tanzanian police to return the rescued boy 
referred to in 27(B) 
 
¶I. (SBU) Chapters 76 and 77 of the Penal Code define an "extradition 
crime" as a crime which, if committed within the jurisdiction of 
Kenya, would be one of the crimes described in the Schedule.  While 
trafficking is not a crime in Kenya, the schedule includes the 
related crimes of: 
 
--Rape, defilement and unlawful carnal knowledge. 
--Indecent assault. 
--Child-stealing. 
--Kidnapping and false imprisonment. 
--Procuration (soliciting sex). 
--Offences against the Slave Trade Act 1873, or otherwise in 
connection with the slave trade 
 
The government did not receive any extradition requests during the 
reporting period. 
 
¶J. (SBU) There was no evidence to show government involvement in 
TIP.  However, some anti-trafficking activists made credible claims 
that, in certain areas, police tolerated trafficking operations or, 
in some cases, protected trafficking operations and prevented or 
obstructed criminal investigations of trafficking in persons in 
exchange for payment of bribes.  Anti-trafficking groups alleged 
that some immigration officials accepted bribes to ignore 
cross-border trafficking. 
 
¶K. (SBU) No government officials were arrested or tried for 
involvement in trafficking during the reporting period. 
 
¶L. (SBU) During the reporting period there were no reports of Kenyan 
peacekeeping troops facilitating any form of human trafficking while 
serving outside Kenya. 
 
¶M. (SBU) Child sex tourism is common in Kenya, especially in the 
coastal resort areas.  Government policy has been to quietly deport 
foreign pedophiles. No statistics on the number of foreigners 
deported for child-sex tourism are available.  The UNICEF/Ministry 
of Home Affairs study of child sex tourism in four coastal resort 
 
NAIROBI 00000763  010.2 OF 013 
 
 
districts released in December 2006 profiled customers of child 
prostitutes by nationality. It found that 41% of the child 
prostitutes' customers were Kenyan.  Other nationalities using child 
prostitutes were: Ugandan, Tanzanian, Congolese, Italian, German, 
Swiss, British, Scandinavian, French, American, Japanese, Arabian, 
and Austrian.  Kenya's child sexual abuse laws do not have 
extraterritorial coverage. 
 
------------------------------------- 
PROTECTION AND ASSISTANCE TO VICTIMS 
------------------------------------- 
 
¶A. (SBU) The government does not provide assistance to foreign 
trafficking victims.  The government's policy is to return victims 
to their country of origin. 
 
¶B. (SBU) The government provided shelter and medical care to street 
children exploited in the commercial sex industry. The Children's 
department has officers who offer psychological counseling services 
to victims, but this service is largely left to the NGOs. There are 
currently 24 Government-owned children's care institutions and more 
than 500 privately run children's homes. As government policy is to 
deport foreign victims of trafficking, they did not have access to 
assistance. 
 
In partnership with an NGO, the Ministry of Home Affairs provided 
and refurbished a building to house a child emergency helpline 
provided some staff to serve as counselors and refer callers to 
government and non-government service providers. 
 
In June, the Director of Children's Services announced that 
children's officers, probation officers, and provincial 
administrators had received training on children's rights, which 
included trafficking issues.  Also in June, the government reported 
that Children's Services had hired an additional 80 Chief Children's 
Officers. 
 
¶C. (SBU) The GOK provided human and logistical resources in 
supporting NGOs and international organizations for services to 
victims. The Ministry of Home Affairs partnered with NGO Childline 
Kenya to establish a Child Helpline.  The Ministry allocated and 
refurbished office space to house the Helpline. Staff members were 
hired and/or trained to serve as counselors and refer callers to 
government and non-government service providers. 
 
¶D. (SBU) Government law enforcement, immigration, and social 
services personnel do not employ a formal system to proactively 
identify trafficking victims among high-risk persons.  The GOK 
employs standard coordinating systems for different criminal 
operations.  During the reporting period two victims were referred 
by law enforcement agencies to the IOM.  The GOK has not developed a 
referral process to transfer victims detained, arrested or placed in 
protective custody by law enforcement authorities. 
 
¶E. (SBU) Not applicable. 
 
¶F. (SBU) The rights of victims were generally respected. Victims 
were not detained or prosecuted. 
 
¶G. (SBU) In the few anti-TIP prosecutions, there was cooperation 
between trafficking victims and prosecutors. Kenya's justice system 
allows trafficking victims to seek damages via civil actions. 
However, high court costs and delays in processing suits serve as 
practical barriers to victims of trafficking to seek redress through 
civil actions.  During the reporting period no trafficking victim 
filed a civil action for damages. 
 
 
NAIROBI 00000763  011.2 OF 013 
 
 
¶H. (SBU) The Witness Protection Act of 2006 allows the Attorney 
General to designate a witness for protection, which can include 
relocation, shelter, and cash allowances.  While the Act can be used 
to protect a trafficking victim, its primary aim is to encourage 
whistleblowers to come forward with evidence in corruption and 
financial crimes.  There was no public mention of the government 
offering protection to any witnesses.  See B for more information on 
shelters. 
 
¶I. (SBU) The Ministry of Foreign Affairs provides no training for 
its embassy staffs on trafficking or how to assist victims.  The 
Ministry of Home Affairs claimed it posted an attach to Riyadh to 
perform assist Kenyan victims of trafficking.  During the reporting 
period the U.S. Embassy Labor Attach and IOM briefed 15 
newly-appointed Kenyan Ambassadors at the GOK's Foreign Service 
Institute on trafficking and assisting Kenyan victims.  The Ministry 
of Foreign Affairs indicated it would like a comprehensive briefing 
from IOM, the Ministries of Labor and Home Affairs, and Post for 
mid-grade and junior officers on how to prepare to assist Kenyan 
victims.  There was no public mention of Kenyan Embassies or 
Consulates assisting any TIP victims during the reporting period, 
but in 2006, the Kenyan Embassy in Riyadh helped 10 women workers 
return to Kenya.  Ministry of Labor officials stated that, under the 
contracts they approve, foreign employers or the recruitment agency 
are responsible for paying for transportation back to Kenya if the 
worker quits because of contract violations, including poor or 
abusive working conditions.  If they refuse, the government may pay 
the transportation cost and then try to collect later from the 
recruiter. 
 
¶J. (SBU) The GOK has no programs to assist Kenyan nationals who are 
victims of trafficking. 
 
¶K. (SBU) The GOK worked closely with the donor community, the 
International Organization for Migration, UNICEF and NGOs including 
the Federation of Women Lawyers (FIDA), ABA, CRADLE, SOLWODI, LSK, 
and ANPPCAN.  The GOK was not in a financial position to fund NGOs, 
or direct how funds could be used. 
 
----------- 
PREVENTION 
----------- 
 
¶5. A. (SBU) The GOK acknowledges trafficking in persons as a 
problem. 
 
¶B. (SBU) The government participated in awareness building and 
education campaigns, seminars and workshops together with NGOs.  In 
June 2007, the government declared anti-trafficking as the theme of 
Kenya's observation of the Day of the African Child.  District-level 
officials tried to educate the public, but meetings with some 
district-level officials indicated the impact was not strong and 
clear.  Senior government officials, including the Vice President, 
Attorney General, Minister of Labor, and Permanent Secretary for 
Home Affairs have spoken at various anti-trafficking and child 
protection events.  The Kenyan media, especially the 
Government-owned Kenya Broadcasting Corporation reported cases of 
suspected human trafficking. 
 
¶C. (SBU) The GOK increased its participation in TIP activities and 
meetings organized by NGOs. It invited anti-trafficking NGOs to 
participate in GOK-organized anti-TIP events, with NGOs sometimes 
acting as co-sponsors. The GOK worked closely with the donor 
community, the International Organization for Migration, UNICEF and 
NGO's including the Federation of Women Lawyers (FIDA), ABA, CRADLE, 
SOLWODI, LSK, and ANPPCAN.  The government invited some of those 
stakeholders to join the National Anti-Trafficking Steering 
 
NAIROBI 00000763  012.2 OF 013 
 
 
Committee and help draft the National Plan of Action and 
Anti-Trafficking policy.  The Attorney General's office is working 
with NGOs to complete an anti-trafficking bill for submission to 
parliament. 
 
¶D. (SBU) The government does not monitor immigration and emigration 
patterns for evidence of trafficking. Law enforcement agencies do 
not screen for potential trafficking victims at border crossings. 
 
 
¶E. (SBU) The Vice President's office, through the Ministry of Home 
Affairs, leads the government's anti-trafficking efforts, strongly 
supported by IOM. In August 2007 the government created a National 
Steering Committee to Combat Human Trafficking to promote and 
coordinate anti-trafficking activities and to raise the profile of 
human trafficking issues in public and policy circles.  The Steering 
Committee is chaired by Ministry of Home Affairs Permanent Secretary 
or the Director of Children's Services and its membership includes 
representatives of government ministries, international 
organizations, non-governmental and faith-based organizations. It 
receives technical support from the International Organization for 
Migration. 
 
¶F. (SBU) The National Steering Committee to Combat Human Trafficking 
is preparing a National Plan of Action and anti-Trafficking policy 
for Cabinet approval.  The post-election violence that disrupted 
Kenya in January and February 2008 delayed completion of drafting of 
the Action Plan until March or April 2008. The Steering Committee 
consists of the following organizations: 
 
GOK: 
- Ministry of Provincial Administration and Internal Security 
- Office of the Cabinet 
- Kenya Police 
- National Security Intelligence 
- Permanent Secretary (PS) Ministry Home Affairs 
- Ministry Home Affairs Children's Department 
- Attorney General's Office 
- Education Ministry 
- Immigration Ministry 
- Information and Communications Ministry 
- Labor and Human Resources Ministry 
- Tourism Ministry 
- Health Ministry 
 
Civil Society and NGOs: 
- Law Society of Kenya 
- FIDA (Federation of Women Lawyers) 
- CRADLE Children's Foundation 
- Children's Legal Network (CLAN) 
- Association of Media Women in Kenya (AMWIK) 
- SOLWODI (Solidarity with Women in Distress) 
- Miji Kenda Girl Child Organization 
- National Council of Christian Churches (NCCK) 
- Supreme Council of Kenya Muslims (SUPKEM) 
- Hindu Council of Kenya 
- African Network for the Prevention and Protection of Child Abuse 
and Neglect (ANPPCAN) 
 
International Partners 
- IOM 
- UNICEF 
- UN Organization for Drugs and Crime (UNODC) 
- International Labor organization (ILO) 
- The American Bar Association 
- Embassy of the United States of America 
 
 
NAIROBI 00000763  013.2 OF 013 
 
 
 
¶G. (SBU) The government undertook public education campaigns in 
conjunction with NGO partners to reduce demand for commercial sex 
acts. 
 
¶H. (SBU) Not applicable 
 
¶I. (SBU) Post presented a demarche to the government seeking 
information on this issue for inclusion in the TIP report. There was 
no reply.  Military cooperation officials in the Embassy could not 
confirm that anti-TIP training was included in PKO pre-deployment 
training.  During the reporting period there were no reports of 
involvement of Kenyan PKO troops in trafficking. 
 
---------------------------- 
RESOURCES EXPENDED ON REPORT 
---------------------------- 
 
¶6. (U) PolFSN Michael Kamau (rank FSN 10/11) spent approximately 130 
hours in the preparation of this report.  He can be reached at (254) 
20-363-6276 (office) or (254) 
722-515-293, fax: (254) 20-363-6281 . 
The following 
individuals also contributed to preparation of this report: Pol Off 
Keith Bean (FS-04) spent 8 hours 
Econoff (FS-01 :) spent 10 hours; 
Acting PolCons (rank:xx) spent hours; 
Consul General (rank:OC) spent 2 hours; 
DHS/IOC (rank: GS-12) 2 hours; 
RSO/TIP spent 2 
Deputy Chief of Mission (rank:FEMC) spent XX hours. 
 
RANNEBERGER