State Responsibility in Combating Transnational Crime: a Case Study of Kenya’s Response to Human Trafficking

Abstract

Human trafficking, also referred to as ‘Trafficking in Persons’, is a vice that has presented itself in many forms over the years and continues to plague societies. In spite of public awareness and efforts undertaken by states, the trafficking numbers appear to be on the rise. States have unfortunately contributed to human trafficking through their actions and omissions, for instance through their failure to enact requisite laws and lack of well-trained enforcement mechanisms. Further, as human trafficking has a transnational character, the lack of inter-state cooperation through the formation of unitary laws and specialised enforcement teams has created easier trafficking channels. Kenya is not immune to the vice and a number of trafficking incidences have been brought to the limelight through the media. This paper therefore intends to interrogate the country’s perceived failure to meet its obligations to address human trafficking. The research findings provide possible recommendations geared towards measures that should be employed to address identified weaknesses, ensuring that Kenya fully meets its obligations in controlling human trafficking.