[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
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