A Study On The Effectiveness Of Legal And Policy Responses In Combating Trafficking In Persons With Disabilities In Kenya

Abstract

Human Trafficking is experienced globally and Kenya being a source, transit route and destination country for traffickers is burdened as it continues to witness the increase of victims despite having functional systems. Among those trafficked, the most vulnerable are persons with disabilities. There are diverse causes of Human Trafficking some of which have been discussed with specific regard to Kenya. This study analyzes the policies and legal framework on the punishment and deterrent measures available in Kenya as well as the societal views on trafficking of persons with disabilities. Although Kenya has legislation and a legal framework that deals with some aspects of Human Trafficking, it is in question whether they are adequate in dealing with the complexities of the said crimes. Kenya has not done enough in sensitizing the public on the issues of Human Trafficking. An attempt has been made by many researchers to address and control Human Trafficking through studies and recommendations to various state agencies. Trafficking has become customary practice with poverty and system lapses as the root causes. This study compares Kenya‟s counter-trafficking in person‟s framework with the South African and United States‟ one. The study examines real life understanding, multi-level standpoints and cultural influences of Human Trafficking. Based on the strengths of qualitative and quantitative data gathering techniques used, the study formulates a holistic framework for generating new understanding and probable solutions for the problem. The study further discusses the inadequacies of Kenya‟s legal framework and administrative gaps that contribute to trafficking of persons with disabilities. The counter trafficking of persons Act of 2010 was drafted with the aim of preventing, suppressing and punishing Human Trafficking and related offences. However, the said law is faced with operational challenges. Finally, the study proposes societal and legal policy framework that can curb trafficking of disabled people. The study recommends the training of law enforcement officers, the allocation of more resources towards the fighting of the crime and the formation of special units to deal with trafficking in persons with disabilities.