CAP. 61
Counter-trafficking In Persons
[Rev. 2012]
13. Restitution
Where a person is convicted of an offence under this Act, the court may, in
addition to any other punishment prescribed under this Act, order the person to
make restitution or compensate the victim for—
(a) the costs of any medical or psychological treatment;
(b) the costs of necessary transportation, accommodation and other living
expenses; or
(c) any other relief that the court may consider just.
14. Victim immunity from prosecution
Notwithstanding the provisions of any other law, a victim of trafficking in persons
shall not be criminally liable for any offence related to being in Kenya illegally or for
any criminal act that was a direct result of being trafficked.
15. Support and protection of victims of trafficking in persons
(1) The Minister shall in consultation with the Advisory Committee formulate
plans for the provision of appropriate services for victims of trafficking in persons
and children accompanying the victims, including—
(a) return to and from Kenya;
(b) resettlement;
(c) re-integration;
(d) appropriate shelter and other basic needs;
(e) psychosocial support;
(f) appropriate medical assistance;
(g) legal assistance or legal information, including information on the
relevant judicial and administrative proceedings; or
(h) any other necessary assistance that a victim may require.
(2) When developing the plans under subsection (1), the Minister shall consider
the age, gender, and the special needs of children and persons with disabilities
and the personal circumstances of each victim of trafficking in persons.
(3) Victims of trafficking in persons may be eligible to work for gain for the
duration of their necessary presence in Kenya.
(4) Notwithstanding the provisions of any other law, the victims of trafficking
in persons shall be permitted to remain in Kenya until legal proceedings are
concluded and may by order of court in such proceedings be allowed to bring their
children.
(5) In all dealings with a trafficked person, any Government officer dealing with
the victim or any other person who by virtue of duty is dealing with the victim shall
ensure that all communication with that person is in a language that the person
understands.
(6) The support services provided under this section shall be available to victims
of trafficking in persons regardless of their nationality.
[Issue 1]
C42 - 10
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