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HUMAN TRAFFIKING IN AFRICA A Regional and Domestic response. The Legislative and Judicial response to Human trafficking with special emphases on children The Kenyan perspective. By Mary Ang’awa. Introduction. The Constitution of Kenya guarantees with the basic rights to life and dignity.
HUMAN TRAFFIKING IN AFRICA A Regional and Domestic response The Legislative and Judicial response to Human trafficking with special emphases on children The Kenyan perspective. By Mary Ang’awa
Introduction The Constitution of Kenya guarantees with the basic rights to life and dignity. This includes the right not to be enslaved and or to be in human trafficking. This paper will look at this topic in the legislation governing children and its development.
Background • Previously, the legislation in Kenya was scattered in various acts:- The Children and Young Peoples Act The Adoption Act The guardianship Act The Penal code These acts dealt with the welfare of the child who come in conflict with the law or domestic strife.
The Children Act • Kenya domesticated the International conventions on the law of the Child. • All the above law were consolidated into the Children Act no. 3 of 2003 now Cap 8. • The effect of the Act is that:- (i) Access to the courts by a child was made easier. (ii) New children’s courts were created having special ‘Children’s Court Magistrate’ duly gazetted to deal specifically with issues raised therein. .
How is human trafficking done? • A single mother gives birth at the hospital. She walks away and disappears necessity the child to be adopted. • Kenya flower Farm in Naivasha.Young girls taken to work as cheap labour, then used by the male workers living apart from their spouse for sex or concubines. • Study by Cradle (an NGO on children right) Many children taken to coast of Kenya and used in prostitution for foreign Europeans.
Through the Courts • German National adopts a 12 year old child for pornography. He returns to Kenya to carry court another adoption and is arrested • Miracle Babies. A Reverend claim to have spiritual powers to help barren women conceive and bear children. Several children abducted and taken to various countries. More than 14 children found in their home but none related genetically to the Reverend or his wife. Children's parents traced. • Wife claimed to have delivered baby at 56 years old. No DNA link found between her and child. Charged for child abduction and sentenced to 2years impriionment under Children's Act
others • Female adult aged 22 years enticed to Europe as Au Pair. Passport taken away upon arrival but escaped to Kenya • Arabia another destination for trafficking.
Problems causing trafficking • The Jurisdiction on Adoption was handled partially by magistrates. • This has now been taken away from them. • Problem lies with the courts even at the level of the High Court. • Introduced Matrix management where children's department, the migration department and the Family division monitor the migration of children • The Embassy do not allow the migration of persons or children unless there is proper adoption papers instead of guardianship orders.
The Sexual Offences Act • Njoki Ndungu, a norminated member of parliament in Kenya spear headed the Sexual Offences Act. • The Act compliments the Children's Act and provides for the protection of any gender from sexual abuses especially rape. • It forbids child trafficking whereby person knowingly or intentionally makes or organises any travel arrangements within or outside boarders of Kenya for sexual purposes.
Task force • After the enactment of the Act the question arises will the Act remail on the shelf? • Attorney General of Kenya set up a Task Force to implement the act with Justice Alouch as chair ad Njoki Ndugu as member. • We now have police station specialised in sexual offences cases. • We have a hospital (privately owned) specialised in rape cases and other trauma offences involving women and children.
Kenya began its journey with a small steps where it sees hope that will reach the end to combat child trafficking and prostitution.