BY SAM ALFAN.
Two people among them a transporter have been fined a total of Sh60 million for human trafficking.
Milimani Senior Principal Magistrate Benard Ochoi found transporter Ali Mitano and the car-owner Abdinasir Walde guilty of human trafficking. The two will serve five years in jail, each if they fail to pay the fine.
In the judgement, Ochoi found that the Mitano and Abdinasir knew that the eleven victims found in their vehicle were being transported for the purpose of exploitation.
“It is my finding that the prosecution has proved its case against the 1st and 2nd accused beyond reasonable doubt, both the said accused are found guilty of trafficking in persons contrary to section 3(1)(d) of the counter Trafficking in persons Act No.8 of 2010 and convicted under section 215 CPC,” ruled Magistrate Ochoi.
A third accused person, Mohamed Walde was acquitted of the charges under section 215 CPC.
The magistrate said that the evidence on record is that the victim’s travel documents were taken away from them.
He said there was no indication whatsoever if they had any work permits, they had not entered into any employment contract and were being transported discreetly.
“This therefore leaves the possibility of exploitation and establishes an element of deception. They were victims subject to the vulnerability of abuse,” the magistrate said.
The court said that Mitano and Abdinasir agreed to transport the victims discreetly with information on the victims and this concealment of the information proved that they were aware of the illegality that was being committed, hence proof of their state of mind.
The particulars of the offence were that they trafficked by receiving and transporting eleven Ethiopian Nationals on the July 9 2019.
The were arrested on Nyeri-Nairobi Highway at Makuyu area within Muranga North sub county jointly with others not before court.
The prosecution called ten witnesses to testify in the case.
