Kenya Launches Landmark Judicial Bench Book to Combat Sex Trafficking

Kenya Launches Landmark Judicial Bench Book to Combat Sex Trafficking

By MAXIMILLA WAFULA 

The County Diary News

Crime Reporter

Nairobi, Kenya – July 30, 2024

Kenya has introduced the "Kenya Judicial Bench Book on Trafficking in Persons for Sexual Exploitation," a pioneering resource aimed at improving the prosecution and conviction rates of human trafficking cases. Launched by the International Association of Women Judges in Kenya and Equality Now, the Bench Book is designed to educate judicial officers on the complexities of sex trafficking, address common misconceptions, and promote a human rights and trauma-informed approach.

Chief Justice Martha Koome highlighted the publication's significance during the launch of the Bench Book, noting its role in overcoming institutional barriers and aligning with international standards such as the Palermo Protocol. Despite governmental efforts, including the establishment of specialized units, challenges in prosecuting trafficking cases persist. The Bench Book underscores the gendered impact of sex trafficking, particularly on women and children, and addresses the growing role of technology in these crimes.

This initiative builds on previous judicial resources and aims to foster collaboration among justice sector actors to provide better protection and justice for trafficking victims in Kenya. The Bench Book is the first in Kenya dedicated to sexual exploitation and complements earlier judicial resources.

The Bench Book aims to educate judicial officers and other court users about the complexities of sex trafficking. It addresses common misconceptions, stresses the importance of a human rights and trauma-informed approach, and includes case studies from Kenya and other countries. The guide aligns with Kenya's commitment under the Palermo Protocol and the Counter-Trafficking in Persons Act of 2010.

Kenya's government has made strides in anti-trafficking efforts, such as establishing specialized units within the Office of the Director of Public Prosecutions. However, challenges persist. In 2023, only 19 trafficking cases were prosecuted, highlighting gaps in investigation and law enforcement capabilities. Marion Ogeto from Equality Now stressed the need for enhanced counter-trafficking efforts and better data collection.

The Bench Book underscores the gendered nature of sex trafficking, with women and children being the most affected. In 2022, a report revealed that sex trafficking accounted for 44% of trafficking cases, with significant impacts on women and children. The Bench Book also addresses the role of technology in trafficking, citing thousands of online child sexual exploitation cases handled by Kenyan authorities.

This initiative reflects Kenya's broader judicial efforts, following the launch of the Bench Book on Labour Trafficking in 2022 and the Bench Book on Criminal Procedure in 2018. As Chief Justice Koome stated, combating trafficking requires a unified, collaborative approach among all justice sector actors.

The launch marks a significant step towards better protection and justice for victims of sex trafficking in Kenya. By fostering deeper understanding and coordinated action, the Bench Book aims to strengthen the judiciary’s capacity to address this grave human rights issue effectively.