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As Kenya grapples with one of the highest rates of human trafficking in Africa, the judiciary has taken a significant step to address the issue. The International Association of Women Judges in Kenya, in partnership with the global non-profit organization Equality Now, has launched the “Kenya Judicial Bench Book on Trafficking in Persons for Sexual Exploitation.”
Despite the enactment of the Counter-Trafficking in Persons Act, the prosecution and conviction rates for human trafficking cases in Kenya remain disappointingly low. The new bench book aims to bridge this gap by providing comprehensive guidance to judicial officers, including judges, magistrates, and prosecutors, on handling cases of sex trafficking more effectively.
Speaking on the importance of this judicial tool on World Day Against Trafficking of Persons, Chief Justice Martha Koome emphasized the bench book’s role in enhancing understanding and awareness. “This Bench Book on trafficking in persons for sexual exploitation seeks to facilitate a greater understanding of this form of trafficking, further bringing attention to the elements of this crime, including the institutional barriers, to support access to justice for victims and survivors,” she said.
The bench book is the first of its kind in Kenya, specifically focusing on sex trafficking. It complements other judicial resources such as the Bench Book on Labour Trafficking (2022) and the Bench Book on Criminal Procedure (2018). It is designed to help judicial officers identify potential victims, understand the dynamics of sex trafficking, and adopt trauma-informed approaches when handling such cases.
One of the unique features of the bench book is its effort to dispel common misconceptions about sex trafficking that hinder effective prosecution and adjudication. It also advocates for a human rights-based approach and emphasizes the need for sensitivity towards victims’ trauma
