State ordered to repatriate 5 victims of trafficking to India and Nepal
The High Court has ordered the Immigration and Foreign Affairs ministries to repatriate five foreign women who were trafficked to Kenya.
A lobby sued the State for failing to provide the victims from India and Nepal with appropriate care after they were rescued from sexual exploitation.
Justice Weldon Korir ordered the government to meet the costs of safe repartition of the victims with their respective embassies and issue necessary travel documents.
The judge said the victims should be back in their countries of origin within seven days.
HAART Kenya accused the State of violating anti-trafficking law which gives victims right to privacy and safe repatriation.
The five women were rescued by officers from the Transnational Organised Crime Unit on August 2 following a raid at a bar in Parklands.
Since then, the lobby has housed the five on request from TOCU while the State initiated criminal prosecution of their alleged traffickers.
The lobby claimed it has not obtained any support from the State while housing the five, yet two of them have already testified in court
In case documents, the lobby alleged that human trafficking is a form of gender-based violence against women and a serious violation of human rights hence the suit has been taken to the corridors of justice in the interest of the public.
It also claimed that there is a lack of coordination between government agencies which results in re-victimisation of victims once they are in contact with law enforcement agencies.
“Victims of human trafficking will continue to suffer human right violation through their continued stay in Kenya against their will which constitutes a de facto detention in violation of their right to freedom of movement,” said their lawyers.
The lobby wants the State to cater for expenses of more than Sh1.3 million incurred by the charity for the care of the victims, which the law says is the State’s responsibility.
It further wants the State to be compelled to forthwith make regulations within 90 days of operationalising the National Trust Fund for victims of trafficking in persons.
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