[Rev. 2012]
(b)
Counter-trafficking In Persons
CAP. 61
by reason of the act of trafficking in persons, the victim of trafficking in
persons dies, or is afflicted with any other life threatening or terminal
health condition,
a person convicted of the act of trafficking in persons shall be liable to imprisonment
for life.
10. Trafficking in persons for organized crime
Where in the course of the prosecution of a person under this Act it emerges
that, the person being prosecuted engaged in trafficking in persons as part of the
activities of an organized criminal group or that person organized or directed other
persons to commit an offence as an activity of an organized group, that person is
liable to imprisonment for life.
PART III – TRIAL OF OFFENDERS AND REMEDIES
FOR VICTIMS OF TRAFFICKING IN PERSONS
11. Confidentiality
(1) Law enforcement officers or the court and any other person involved in the
investigation or trial of an offence under this Act, shall throughout the investigation
or trial observe the right to privacy of the victim of trafficking in persons and of the
witnesses.
(2) The court dealing with the trial of an offence under this Act, may after
considering all circumstances and for the best interest of the parties, order that the
trial be held in camera.
(3) A person who discloses the name and personal circumstances of the victim
of trafficking in persons or any other information tending to establish the identity
of a victim of trafficking in persons and the circumstances of trafficking in persons
commits an offence.
(4) Where a trial is conducted in camera, any person who publishes the
proceedings of the court commits an offence.
(5) A person who commits an offence under this section is liable to
imprisonment for a term of not less than five years or to a fine of not less than five
million shillings or to both, and in the case of a body corporate, a fine of not less
than ten million shillings.
12. Victim impact statement
The prosecution in criminal proceedings relating to a trial of an offence under
this Act, may adduce evidence relating to the circumstances surrounding the
commission of an offence and the impact of the offence under this Act upon a victim
of trafficking in persons—
(a) in order to prove whether an offence was committed under this Act—
(i) towards or in connection with the person concerned; or
(ii) under coercive circumstances referred to in section 3;
(b) for purposes of seeking the imposition by the Court of an appropriate
sentence, that relates to the extent of the harm suffered by the victim
of trafficking in persons.
C42 - 9
[Issue 1]