SENSITIZATION PERSONS FOR

PROGRAMME PROSECUTORS,

ON

TRAFFICKING

IN AND

INVESTIGATORS

IMMIGRATION OFFICERS AND CRITIQUE OF THE MANUAL FOR PROSECUTORS ON THE COUNTER-TRAFFICKING IN PERSONS ACT 2010- WEDNESDAY, 20TH OF NOVEMBER 2013 AT KSMS, NAIROBI.

E CELLENCIES! DISTINGUISHED GUESTS! LADIES AND GENTLEMEN! It is with great pleasure and indeed with great honour, to invite you all to this important occasion which I would otherwise term as a stakeholders or rather multi-agency forum to enable us discuss and deliberate on matters pertaining Human Trafficking. This is indeed the first significant milestone in the implementation of the C"#$%&'-T'())*+,*$- I$ P&'."$. A+% 2010 which became operational come O+%"/&', 2012. I say so because human trafficking has been recognized globally as a crime that shames all nations in that the offenders ma imize profits at the detriment of victims who are continuously sub!ected to inhumane and degrading treatment. This crime is heinous in nature in that a

number of human rights are violated. It has been described as a clandestine crime due to its comple nature. The enactment of the national legislation was as a result of the ratification of the The "nited #ations $onvention against Transnational %rganized $rime, adopted by &eneral 'ssembly resolution (()*( of +( #ovember *,,,, the main international instrument in the fight against transnational organized crime and the subse-uent accession to T0& P'"%"+"1 %" P'&2&$%, S#33'&.. ($4 P#$*.0 T'())*+,*$- *$ P&'."$., E.3&+*(115 W"6&$ ($4 C0*14'&$ in .une *,,(. There have been discussions surrounding the distinction between human trafficking and human smuggling however these are issues that will be addressed substantively within the workshop.

/econdly, numerous reports made place 0enya among other developing countries as being the source, transit and destination locations for trafficked victims. 0enya is strategically positioned within 1astern 'frica bordering /omalia, 1thiopia, /outh /udan, "ganda, and Tanzania and is known as the lucrative destination among its neighbouring countries for trafficking. #otably the e tent of trafficking e perienced is both internal and cross border or international trafficking and the victims involved are young men and women with particularity to women and children. The basis for trafficking includes for se ual e ploitation, labour e ploitation, begging, petty crime and domestic servitude.

2ecently in the (th session working group committee to the Trafficking 3rotocol to which the 0enyan &overnment was invited to participate recent practices such as recruitment for criminal activities, contemporary forms of slavery, recruitment for armed conflict, pornography, se tourism, debt bondage, illegal adoption 4debatable issue5 and sale of babies)infants are but some of the practices discussed as the new forms of trafficking. It is noted with great regret that most of the reports made in respect of human trafficking are not from the national perspective but rather focus on the region this being 1astern 'frica. In addition thereto the Trafficking in 3ersons 2eport, .une *,+*, published by the "nited /tates of 'merica, 6epartment of /tate allude that 0enya lies on Tier * watch list 4 which generally enlists governments that do not fully comply with the minimum standards, but are making significant efforts to bring themselves into compliance with those standards however 4a5 the number of victims of severe trafficking is significant, 4b5 the government has failed to provide evidence of steps taken to combat severe trafficking, and 4c5 the government is yet take certain steps for compliance5. The report further states that preventive measures adopted including deterrence mechanisms such as the conduct of prosecutions are wanting.

It is to this end that the %ffice of the 6irector of 3ublic 3rosecutions seeks to address the issues surrounding the offence of human trafficking. 's you may all be aware, the $onstitution of 0enya under 'rticle +(7 establishes the office of the 633 and empowers the officers thereon with prosecutorial mandate. It is this end that we intend to effectively, efficiently and professionally implement the $ounter- Trafficking in 3ersons 'ct. It is hoped that with the e ecution of our constitutional obligation we will be able to achieve the following goals8a5 create awareness of the offence and its nature9 b5 prevent and combat trafficking in persons, paying particular attention to women and children9 c5 protect and assist the victims of such trafficking, with full respect for their human rights9 and d5 promote cooperation with neighbouring states and state parties in dealing with 4a5 and 4b59 e5 develop and adopt a uniform investigative and prosecutorial manual on human trafficking9 f5 establish a database on all offences of human trafficking9 and, g5 train and disseminate knowledge and skills on human trafficking.

:ith the establishment of the office of the 633 and in accordance with our strategic plan the 633 set up a division mandating officers therein to specialize in all aspects of human trafficking including undertaking activities as outlined in the countertrafficking in persons unit workplan *,+;)*,+<. This workshop although its )*'.%, is targeted to sensitize arresting and investigative officers, immigration officers, prosecutors, !udicial officers and institutions engaged in combating human trafficking among its ob!ectives and)or strategic plan such as department of labour, gender, department of youth among many others that I need not mention on the following8a5 an overview on the concept of human trafficking9 b5 an overview of the national, regional and international framework addressing human trafficking9 c5 inter-agency collaboration and cooperation in terms of human trafficking9 d5 challenges and gaps impeding the effective implementation against human trafficking9 e5 human rights applicable and protection mechanisms in respect of victims of human trafficking9 f5 an overview of the manual prepared by The $2'6=1 with support from "# >oluntary Trust ?und for >ictims of Human Trafficking >ictims under "#%6$9 and for prosecutors and a

session upon which participants will be able criti-ue the manual among other issues. I find that the $ounter-Trafficking in 3ersons 'ct can only be effectively implemented if all relevant stakeholders are willing to play their part and role and as such cooperate especially at the national level. The three day programme is intensive and I can only implore upon all participants and guests to be interactive and participate fully to declare this workshop a success. 't this point information sharing would benefit us all. I also take this opportunity to recognize the cooperation and support received from The $2'6=1 and "#%6$ with great appreciation for collaborating with us in terms of the preparation of this workshop, we thank you. I therefore welcome all the participants and the distinguished guests on board and declare this workshop officially opened.

TH'#0 @%". READ BY7 DORCAS ODOUR, DEPUTY DIRECTOR OF PUBLIC PROSECUTIONS 8 DDPP9

ON BEHALF OF7 KERIAKO TOBIKO, DIRECTOR OF PUBLIC PROSECUTIONS 8DPP9