Will a trafficking victim be arrested for being in Kenya illegally?
Counter-Trafficking in Persons Act · sources read 3 Oct 2026
No. A trafficking victim is not criminally liable for being in Kenya illegally, or for crimes that were a direct result of being trafficked. Victims can get support such as shelter, medical and psychosocial help, legal assistance and help to return home, and pay no court fees when suing for damages.
- Where
- Any police station or government counter-trafficking service for support; the court for a damages claim.
Steps
- Ask for victim support: return home, resettlement, shelter, psychosocial support, medical help and legal assistance.
- You may stay in Kenya until the court case ends, and the court can allow you to bring your children.
- You can sue for damages without paying court fees.
- A Kenyan trafficked abroad without proper papers will be issued travel documents to come back home.
Watch out
- The protection covers offences tied to being in Kenya illegally, and crimes that were a direct result of being trafficked, not other crimes.
- Officers dealing with you must speak to you in a language you understand.
- Victims may be allowed to work while their presence in Kenya is needed.
Who this covers
- All victims of trafficking in Kenya, whatever their nationality.
Official sources (1)
- Counter-Trafficking in Persons Act, No. 8 of 2010 (Cap. 61) new.kenyalaw.org · read 3 Oct 2026