[Rev. 2012] (d) (e) (f) (g) Counter-trafficking In Persons CAP. 61 deception; abuse of power or of position of vulnerability; giving payments or benefits to obtain the consent of the victim of trafficking in persons; or giving or receiving payments or benefits to obtain the consent of a person having control over another person. (2) The consent of a victim of trafficking in persons to the intended exploitation shall not be relevant where any of the means set out in subsection (1) have been used. (3) The recruitment, transportation, transfer, harbouring or receipt of a child for the purposes of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set out in subsection (1) of this Act. (4) An act of trafficking in persons may be committed internally within the borders of Kenya or internationally across the borders of Kenya. (5) A person who traffics another person, for the purpose of exploitation, commits an offence and is liable to imprisonment for a term of not less than thirty years or to a fine of not less than thirty million shillings or to both and upon subsequent conviction, to imprisonment for life. (6) A person who finances, controls, aids or abets the commission of an offence under subsection (1) shall be liable to imprisonment for a term of not less than thirty years or to a fine of not less than thirty million shillings or to both and upon subsequent conviction, to imprisonment for life. 4. Acts that promote child trafficking (1) A person who for the purpose of trafficking in persons— (a) adopts a child or offers a child for adoption; (b) fosters a child or offers a child for fostering; or (c) offers guardianship to a child or offers a child for guardianship, commits an offence. (2) A person who initiates or attempts to initiate adoption, fostering or guardianship proceedings for the purpose of subsection (1) commits an offence. (3) A person who commits an offence under this section is liable to imprisonment for a term of not less than thirty years or to a fine of not less than twenty million shillings or to both and upon subsequent conviction, to imprisonment for life. 5. Promotion of trafficking in persons A person who— (a) knowingly leases, or being the occupier thereof, permits to be used any house, building, or other premises for the purpose of promoting trafficking in persons; (b) publishes, exports or imports, any material for purposes of promoting trafficking in persons; or C42 - 7 [Issue 1]