[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]

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