Measuring the Change
using prevalence data providing the widest temporal coverage of the most complete and comparable measures available by ICLS standards.
Child labour between 1998 and 2005 increased by 12%.
Best Target 8.7 Data: Child Labour Rate
The data visualization displays yearly child labour statistics based on a variety of nationally-representative household surveys. All years of data hold up to standards set by interagency collaboration between ILO, UNICEF and World Bank, though, in some cases are not perfectly comparable between years. Detailed information on each data point is provided in the Measurement tab (above).
- Child labour: ILO/UNICEF data
- Forced labour: No nationally representative data
- Human trafficking: No nationally representative data
Human Development Index Score: 0.579 (2018)
Mean School Years: 6.3 years (2015)
Vulnerable Employment: No data
Workingry Rate: 6.3% (2016)
- ILO Protocol of 2014 to the Forced Labour Convention, P029: Not ratified
- ILO Worst Forms of Child Labour Convention, C182: Ratified 2001
- UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol): Accession 2005
Social Protection Coverage
General (at least one): 10.4% (2016)
Unemployed: 0% (2016)
Pension: 24.8% (2016)
Vulnerable: 5.8% (2016)
Children: 8.1% (2016)
Disabled: 16.1% (2016)
Poor: No data
Measurement of child labour prevalence has evolved considerably over the past two decades. Estimates of child labour incidence are more robust and exist for more countries than any other form of exploitation falling under SDG Target 8.7.
Child Labour Rate, Aged 5-17 (Source: ILO)
Based on the international conventions and the International Conference of Labour Statisticians (ICLS) resolution, and consistent with the approach utilized in the ILO global child labour estimates exercise, the statistical definition of child labour used includes:
a) children aged 5-11 years in all forms of economic activity;
b) children aged 12-14 years in all forms of economic activity except permissible “light” work;
c) children and adolescents aged 15-17 years in hazardous work; and
d) children aged 5-14 years performing household chores for at least 21 hours per week.
In Kenya, the percentage of child labourers has increased overall from 1998 to 2005. The measure provided for 2000 does not cover the full definition of hazardous child labour and cannot be compared directly with data from other sample years.
The chart displays differences in the percentage of children aged 5-17 in child labour by sex and region. Complete disaggregated data to compare groups is not provided for 1998.
Children in Hazardous Work, Aged 5-14 (Source: ILO)
Hazardous child labour is the largest category of the worst forms of child labour with an estimated 73 million children aged 5-17 working in dangerous conditions in a wide range of sectors. Worldwide, the ILO estimates that some 22,000 children are killed at work every year.
In Kenya, the estimates show that 3.9 percent of children aged 5-14 were engaged in hazardous work in 2005. The number is higher than the estimate of 3.4 percent of children aged 5-14 engaged in hazardous work in 1998. The measures provided for 2000 and 2009 do not cover the full definition of hazardous child labour and cannot be compared directly with data from other sample years.
The chart displays differences in the percentage of children aged 5-14 in hazardous labour by sex and region. Complete disaggregated data to compare groups is not provided for 1998.
Children in Hazardous Work, Aged 15-17 (Source: ILO)
Children aged 15-17 are permitted to engage in economic activities by international conventions in most cases, except when the work is likely to harm the health, safety or morals of children (Article 3 (d) of ILO Convention concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, 1999 (No. 182)).
In Kenya, the latest estimates show that 13.8 percent of children aged 15-17 were engaged in hazardous work in 2005. The percentage is higher than the estimate of 10.1 percent of children aged 15-17 engaged in hazardous work in 1998. The measure for 2000 does not cover the full definition of hazardous child labour and cannot be compared directly with data from other sample years.
The chart displays differences in the percentage of children aged 15-17 in hazardous labour by sex and region. Complete disaggregated data to compare groups is not provided for 1998.
Weekly Work Hours, Children Aged 5-14 (Source: ILO)
Children aged 5-11 are considered to be subjected to child labour when engaging in any form of economic activity. Children aged 12-14 are permitted to engage in “light” work that is not considered hazardous and falls below 14 hours per week.
According to the latest 2009 estimates, the average number of hours worked per week by children aged 5-14 in Kenya was 35.6 hours. The average number of hours worked has increased from 31.7 hours in 2005.
The chart displays differences in the number of hours that children aged 5-14 work in economic activities by sex and region. The sample includes all children of this age group. Complete disaggregated data to compare groups is not provided for 1998.
Weekly Work Hours Children Only in Economic Activity, Aged 5-14 (Source: ILO)
Children not attending school who are engaged in economic activity can be subjected to longer working hours.
In 2009, the latest year with available data, children in economic activity only, meaning they are not in school, worked an average of 43.2 hours per week. This number has increased since 2005, when the average number of hours worked by this age group was 42.5.
The chart displays differences in the number of hours worked by children aged 5-14 who are not in school, by sex and region. Complete disaggregated data to compare groups is not provided for 1998.
Weekly Hours Household Chores, Children Aged 5-14 (Source: ILO)
Researchers recognize that children involved in economic activities are not the only children working. The ICLS recommended definition of child labour includes performing household chores for at least 21 hours per week for children aged 5-14.
Children aged 5-14, on average, are found to work on household chores 13 hours per week according to the 2000 estimate.
The chart displays differences in the number of hours children aged 5-14 work on household chores by sex and region. Complete disaggregated data to compare groups is provided for 2000.
Children in Economic Activity by Sector, Aged 5-14: Total (Source: ILO)
Identifying the sectors in which the most child labour exists can help policy actors and practitioners target efforts toward those industries.
The latest data available on child labour by sector for Kenya is from 2005. By the 2005 estimate, the Agriculture sector had the most child labourers, followed by the Other Services sector and the Commerce, Hotels and Restaurants sector.
The chart to the right displays child labour prevalence in each sector for all children. The charts below show the differences in child labour by sector with comparisons between groups by sex and region.
Children in Economic Activity by Sector, Aged 5-14: Sex (Source: ILO)
Children in Economic Activity by Sector, Aged 5-14: Area (Source: ILO)
Measuring the incidence of forced labour is a much more recent endeavour and presents unique methodological challenges compared to the measurement of child labour.
No nationally representative data is available on forced labour prevalence in Kenya.
Visit the How to Measure the Change page for information on new guidelines presented by the International Labour Organization and adopted by the International Conference of Labour Statisticians.
The challenges in estimating human trafficking are similar to those of estimating forced labour, though recent innovations in estimation have begun to produce prevalence estimates in developed countries.
No nationally representative data is available on human trafficking prevalence in Kenya.
Visit the How to Measure the Change page to learn about measuring human trafficking prevalence, including information on collecting data through national referral mechanisms and producing prevalence statistics using Multiple Systems Estimation (MSE).
Case Data: International and Non-Governmental Organizations
Civil society organizations (CSOs) focused on human trafficking victim assistance can serve as crucial sources of data given their ability to reach a population that is notoriously difficult to sample.
Counter Trafficking Data Collaborative (CTDC): The International Organization for Migration (IOM), Polaris and Liberty Asia have launched a global data repository on human trafficking, with data contributed by counter-trafficking partner organizations around the world. Not only does the CTDC serve as a central repository for this critical information, it also publishes normed and harmonized data from various organizations using a unified schema. This global dataset facilitates an unparalleled level of cross-border, trans-agency analysis and provides the counter-trafficking movement with a deeper understanding of this complex issue. Equipped with this information, decision makers will be empowered to create more targeted and effective intervention strategies.
UNODC compiles a global dataset on detected and prosecuted traffickers, which serves as the basis in their Global Report for country profiles. This information is beginning to paint a picture of trends over time, and case-specific information can assist investigators and prosecutors.
Key aspects of human development, such ask and lack of education, are found to be associated with risk of exploitation. Policies that address these issues may indirectly contribute to getting us closer to achieving Target 8.7.
Human Development Index (Source: UNDP)
The Human Development Index (HDI) is a summary measure of achievements in three key dimensions of human development: (1) a long and healthy life; (2) access to knowledge; and (3) a decent standard of living. Human development can factor into issues of severe labour exploitation in multiple ways.
The chart displays information on human development in Kenya between 1990 and 2018. Only certain sample years have data disaggregated by sex.
The most recent year of the HDI, 2018, shows that average human development score in Kenya is 0.579. This score indicates medium human development.
HDI Education Index (Source: UNDP)
Lack of education and illiteracy are key factors that make both children and adults more vulnerable to exploitive labour conditions.
As the seminal ILO report Profits andiny explains:
“Adults with low education levels and children whose parents are not educated are at higher risk of forced labour. Low education levels and illiteracy reduce employment options for workers and often force them to accept work under poor conditions. Furthermore, individuals who can read contracts may be in a better position to recognize situations that could lead to exploitation and coercion.”
The bars on the chart represent the Education Index score and the line traces the mean years of education in Kenya over time.
Decent work, a major component of SDG 8 overall, has clear implications on the forms of exploitation within Target 8.7. Identifying shortcomings in equitable, safe and stable employment can be a step in the right direction toward achieving Target 8.7.
Working Poverty Rate (Source: ILO)
Labour income tells us about a household’s vulnerability. As the ILO explains in Profits and Poverty:
“Poor households find it particularly difficult to deal with income shocks, especially when they push households below the foodgline. In the presence of such shocks, men and women without social protection nets tend to borrow to smooth consumption, and to accept any job for themselves or their children, even under exploitative conditions.”
ILO indicators that measure poverty with respect to the labour force include working poverty rate, disaggregated by age groupings and sex, with temporal coverage spanning from 2000 to 2016. The chart displays linear trends in working poverty rate over time for all individuals over 15 years of age.
Labour Productivity (Source: ILO)
“Labour productivity is an important economic indicator that is closely linked to economic growth, competitiveness, and living standards within an economy.” However, when increased labour output does not produce rising wages, this can point to increasing inequality. As indicated by a recent ILO report (2015), there is a “growing disconnect between wages and productivity growth, in both developed and emerging economies”. The lack of decent work available increases vulnerability to situations of labour exploitation.
Labour productivity represents the total volume of output (measured in terms of Gross Domestic Product, GDP) produced per unit of labour (measured in terms of the number of employed persons) during a given period.
Research to date suggests that a major factor in vulnerability to labour exploitation is broader social vulnerability, marginalization or exclusion.
Groups Highly Vulnerable to Exploitation (Source: UNHCR)
Creating effective policy to prevent and protect individuals from forced labour, modern slavery, human trafficking and child labour means making sure that all parts of the population are covered, particularly the most vulnerable groups, including migrants.
According to the 2016 Global Estimates of Modern Slavery: “Almost one of every four victims of forced labour were exploited outside their country of residence, which points to the high degree of risk associated with migration in the modern world, particularly for migrant women and children.”
As IOM explains: “Although most migration is voluntary and has a largely positive impact on individuals and societies, migration, particularly irregular migration, can increase vulnerability to human trafficking and exploitation.” UNODC similarly notes that: “The vulnerability to being trafficked is greater among refugees and migrants in large movements.”
The chart displays UNHCR’s estimates of persons of concern in Kenya.
Achieving SDG Target 8.7 will require national governments to take direct action against the forms of exploitation through policy implementation.
The Constitution of the Republic of Kenya, 2010
30.1. A person shall not be held in slavery or servitude.
30.2. A person shall not be required to perform forced labour.
Employment Act, 2007
2. “forced or compulsory labour” means any work or service which is extracted from any person under the threat of any penalty, including the threat of a loss of rights or privileges, which is not offered voluntarily by the person doing the work or performing the service;
Counter-Trafficking in Persons Act, 2010
2. “forced labour” means the extraction of work or services from any person for the purpose of exploitation;
Employment Act, 2007
In this Part, except where the context otherwise requires—
“employment” means employment of a child in a situation where—
a. the child provides labour as an assistant to another person and
his labour is deemed to be the labour of that other person for the purposes of payment;
b. the child’s labour is used for gain by any person or institution whether or not the child benefits directly or indirectly; and
c. there is in existence a contract for service where the party providing the service is a child whether the person using the services does so directly or by agent.
56. Prohibition of employment of children between thirteen years and sixteen years of age
1. No person shall employ a child who has not attained the age of thirteen years whether gainfully or otherwise in any undertaking.
2. A child of between thirteen years of age and sixteen years of age may be employed to perform light work which is—
a. not likely to be harmful to the child’s health or development; and
b. not such as to prejudice the child’s attendance at school, his participation in vocational orientation or training programmes approved by the Minister or his capacity to benefit from the instructions received.
3. The Minister may make rules prescribing light work in which a child of between thirteen years of age and sixteen years of age may be employed and the terms and conditions of that employment.
58. Restriction in employing child of between thirteen and sixteen years of age to attend machinery
1. No person shall employ a child of between thirteen and sixteen years of age, other than one serving under a contract of apprenticeship or indentured learnership in accordance with the provisions of the Industrial Training Act, in an industrial undertaking to attend to machinery.
2. No person shall employ a child in any opencast workings or sub-surface workings that are entered by means of a shaft or adit.
Children’s Act, 2001
10. Protection from child labour and armed conflict
1. Every child shall be protected from economic exploitation and any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development.
2. No child shall take part in hostilities or be recruited in armed conflicts, and where armed conflict occurs, respect for and protection and care of children shall be maintained in accordance with the law.
3. It shall be the responsibility of the Government to provide protection, rehabilitation care, recovery and re-integration into normal social life for any child who may become a victim of armed conflict or natural disaster.
4. The Minister shall make regulations in respect of periods of work and legitimate establishments for such work by children above the age of sixteen years.
5. In this Act child labour refers to any situation where a child provides labour in exchange for payment and includes—
a. any situation where a child provides labour as an assistant to another person and his labour is deemed to be the labour of that other person for the purposes of payment;
b. any situation where a child’s labour is used for gain by any individual or institution whether or not the child benefits directly or indirectly; and
c. any situation where there is in existence a contract for services where the party providing the services is a child whether the person using the services does so directly or by agent.
Worst Forms of Child Labour
Employment Act, 2007
2. “worst form of child labour” with respect to juveniles, means their employment, engagement or usage in any activity comprising of—
a. all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory recruitment of children for use in armed conflict;
b. the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances;
c. the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties;
d. work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of the child;
53. Prohibition of worst forms of child labour
1. Notwithstanding any provision of any written law, no person shall employ a child in any activity which constitutes worst form of child labour.
2. The Minister shall, in consultation with the Board, make regulations declaring any work, activity or contract of service harmful to the health, safety or morals of a child and subsection 1. shall apply to such work, activity or contract of service.
Counter-Trafficking in Persons Act, 2010
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.
Trafficking in Persons
Counter-Trafficking in Persons Act, 2010
2. “trafficking for sexual exploitation” means trafficking—
a. with the intention of doing anything to or in respect of a particular
person during or after a journey within Kenya or in any part of the world, which if done will involve the commission of an offence under the Sexual Offences Act, 2006; or
b. in the belief that another person is likely to do something to or in respect of the person trafficked, during or after the journey in any part of the world, which if done will involve the commission of an offence under the Sexual Offences Act, 2006 (No. 3 of 2006);
Trafficking in persons
1. A person commits the offence of trafficking in persons when the person recruits, transports, transfers, harbours or receives another person for the purpose of exploitation by means of—
a. threat or use of force or other forms of coercion;
e. abuse of power or of position of vulnerability;
f. giving payments or benefits to obtain the consent of the victim of trafficking in persons; or
g. 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.
Counter-Trafficking in Persons Act, 2010
2. “slavery” is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised;
Counter-Trafficking in Persons Act, 2010
2. “exploitation” includes but is not limited to—
a. keeping a person in a state of slavery;
b. subjecting a person to practices similar to slavery;
c. involuntary servitude;
d. forcible or fraudulent use of any human being for removal of
organs or body parts;
e. forcible or fraudulent use of any human being to take part in armed conflict;
f. forced labour;
g. child labour;
h. sexual exploitation;
i. child marriage;
j. forced marriage;
Proposes strategies to prevent, identify, withdraw, rehabilitate, and reintegrate children involved in child labor, including its worst forms. Establishes child labor free zones, which are geographical areas in which children are systematically removed from work and reintegrated into schools or vocational training programs.
Provides an operational framework for coordination, planning, implementing, and monitoring programs for children’s welfare. Outlines programs, community awareness, and research with the goal of reducing child labor and other child exploitation cases by 50 percent by 2022.
Establishes blueprints for implementation of MLSP activities, programs, and projects, including the elimination of child labor. Proposes an updated child labor survey, development of a database on child labor, and creation of child labor free zones.
Mandates reporting on the number of children withdrawn from child labor and the progress of child labor free zones.
Governments can take action to assist victims and to prevent and end the perpetration of forced labour, modern slavery, human trafficking and child labour. These actions should be considered in wider societal efforts to reduce prevalence and move towards eradication of these forms of exploitation.
Programs and Agencies for Victim Support (Source: U.S. Department of Labor)
Policies for Assistance
Counter-Trafficking in Persons Act, 2010
1. Law enforcement officers or the court and any other person involved in the investigation or trial of an offence under this Act, shall throughout the investigation or trial observe the right to privacy of the victim of trafficking in persons and of the witnesses.
2. The court dealing with the trial of an offence under this Act, may after considering all circumstances and for the best interest of the parties, order that the trial be held in camera.
3. A person who discloses the name and personal circumstances of the victim of trafficking in persons or any other information tending to establish the identity of a victim of trafficking in persons and the circumstances of trafficking in persons commits an offence.
4. Where a trial is conducted in camera, any person who publishes the proceedings of the court commits an offence.
5. A person who commits an offence under this section is liable to imprisonment for a term of not less than five years or to a fine of not less than five million shillings or to both, and in the case of a body corporate, a fine of not less than ten million shillings.
12. Victim impact statement
The prosecution in criminal proceedings relating to a trial of an offence under this Act, may adduce evidence relating to the circumstances surrounding the commission of an offence and the impact of the offence under this Act upon a victim of trafficking in persons—
a. in order to prove whether an offence was committed under this Act—
i. towards or in connection with the person concerned; or
ii. under coercive circumstances referred to in section 3;
b. for purposes of seeking the imposition by the Court of an appropriate sentence, that relates to the extent of the harm suffered by the victim of trafficking in persons.
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;
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.
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.
Penalties, Forced Labour
Employment Act, 2007
4. Prohibition against forced labour
1. No person shall use or assist any other person in recruiting, trafficking or using forced labour.
2. The term “forced or compulsory labour” shall not include—
a. any work or service exacted by virtue of compulsory military service laws for work of a purely military character:
Provided that forced or compulsory recruitment of children for use in armed conflict shall be deemed to be forced or compulsory labour;
b. any work or service which forms part of the normal civic obligations of the citizens of Kenya;
c. any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the work or service is carried out under the supervision and control of a public authority and that the person is not hired out to or placed at the disposal of private persons, companies or associations;
d. any work or service exacted in cases of an emergency, such as in the event of war or disaster or threat of calamity in any circumstance that would endanger the existence or the well-being of the whole or part of the population; and
e. minor communal services performed by the members of the community in the direct interest of the said community, provided the members of the community or their representatives are consulted.
3. A person who contravenes the provisions of this section commits an offence and shall, on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years or to both.
Penalties, Child Labour
Employment Act, 2007
64. Penalty for unlawful employment of child
1. A person who employs, engages, or uses a child in an industrial undertaking in contravention of the provisions of this Part, commits an offence.
2. A person who uses a child in any activity constituting worst form of child labour commits an offence and shall on conviction be liable to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both.
3. It shall be a defence if the accused person proves that he genuinely had reason to believe that the child was above the age limit, which is the subject of the charge.
65. Penalty in case of death or injury of a child
1. If a child is killed, dies or suffers any bodily injury in consequence of his employer having contravened any provision of this Part, the employer shall, in addition to any other penalty, be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding twelve months or to both and the whole or any part of the fine may be applied for the benefit of the injured child or his family or otherwise as the Minister may direct.
2. An employer shall not be liable under subsection 1.—
a. in the case of injury to health, unless the injury was caused directly by the contravention; and
b. if a charge against him under this Part in respect of the act or default by which the death or injury was caused has been heard and dismissed before the injury occurred.
Penalties, Human Trafficking
Counter-Trafficking in Persons Act, 2010
3.5. 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.
3.6. 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.
4.3. 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
c. manages, runs or finances any job recruitment agency for the purposes of promoting trafficking in persons;
d. by any other means promotes trafficking in persons,
commits an offence and is liable to imprisonment for a term of not less than twenty years or to a fine of not less than twenty million shillings or to both and upon subsequent conviction, to imprisonment for life.
10. Trafficking in persons for organized crime
Where in the course of the prosecution of a person under this Act it emerges that, the person being prosecuted engaged in trafficking in persons as part of the activities of an organized criminal group or that person organized or directed other persons to commit an offence as an activity of an organized group, that person is liable to imprisonment for life.
26. Other penalties
1. Where a person who is not a citizen has been convicted of an offence under this Act, the person shall be deported immediately after serving the sentence and shall stand barred permanently from re-entering Kenya.
2. Any employee or official of a Government agency who knowingly issues or approves the issuance of travel documents or other documents to any person or who fails to observe the prescribed procedures and the requirement as provided for in any law, with the intention of assisting in the commission of an offence under this Act, commits an offence and is liable to imprisonment for a term of not less than shillings, or to both.
3. Where an offender had adopted, fostered or had a child in guardianship who is the subject of an offence under this Act, the court seized of the matter shall rescind the adoption, fostering or guardianship of the child and the child shall be dealt with in accordance with the provisions of the Children Act, 2001.
Programs and Agencies for Enforcement (Source: U.S. Department of Labor)
Measures to address the drivers of vulnerability to exploitation can be key to effective prevention. A broad range of social protections are thought to reduce the likelihood that an individual will be at risk of exploitation, especially when coverage of those protections extends to the most vulnerable groups.
Social Protection Coverage: General (at Least One)
Social Protection (Source: ILO)
The seminal ILO paper on the economics of forced labour, Profits and Poverty, explains the hypothesis that social protection can mitigate the risks that arise when a household is vulnerable to sudden income shocks, helping to prevent labour exploitation. It also suggests that access to education and skills training can enhance the bargaining power of workers and prevent children in particular from becoming victims of forced labour. Measures to promote social inclusion and address discrimination against women and girls may also go a long way towards preventing forced labour.
If a country does not appear on a chart, this indicates that there is no recent data available for the particular social protection visualized.