[Rev. 2012] Counter-trafficking In Persons CAP. 61 16. Trafficked person exempt from paying fees in civil suits Where a victim of a trafficking in persons offence institutes civil action for damages, the victim of trafficking in persons shall be exempt from the payment of court fees. 17. Confiscation and forfeiture of proceeds of crime (1) In addition to any other penalty prescribed for an offence under this Act and under any other written law, the Court may order the confiscation and forfeiture, of all the proceeds of crime in favour of the Fund. (2) All awards for damages shall be taken from the personal and separate property of the person who committed the offence and where the property is insufficient, the balance shall be taken from the Fund. (3) Where the proceeds of crime are destroyed, diminished in value or otherwise rendered worthless by any act or omission of the person who committed the offence, directly or indirectly, or have concealed, removed, converted or transferred to prevent them from being found or to avoid forfeiture or confiscation, the offender shall, in addition to any other penalty be ordered to pay the amount equal to the value of the proceeds of crime. 18. Repatriation of trafficked persons to and from Kenya (1) Subject to this Act the Minister responsible for immigration matters may arrange for the repatriation of the victims of trafficking in persons to their place of origin. (2) Where a Kenyan victim of trafficking in persons across the borders does not have proper documentation, the Government shall issue the necessary travel documents to enable the victim of trafficking in persons to travel and re-enter the country. (3) Where, in the opinion of the Minister for the time being in charge of immigration, the repatriation of a victim of trafficking in persons from Kenya is likely to or would expose the trafficked person to danger, the Minister may permit the trafficked person to continue staying in Kenya for such period as the Minister may consider fit. PART IV – THE COUNTER-TRAFFICKING IN PERSONS ADVISORY COMMITTEE 19. Establishment of the Advisory Committee (1) There is established a Committee to be known as the Counter Trafficking in Persons Advisory Committee. (2) The Counter Trafficking in Persons Advisory Committee shall consist of the following members— (a) the Permanent Secretary, in the Ministry responsible for matters relating to immigration; (b) the Permanent Secretary, in the Ministry responsible for matters relating to foreign affairs; (c) the Permanent Secretary, in the Ministry responsible for matters relating to gender and children; C42 - 11 [Issue 1]