OR FIVE YEARS IN JAIL

Two fined Sh60m for trafficking 11 Ethiopians

Magistrate said the evidence on record is that the victims' travel documents were taken away from them by the suspects.

In Summary

• A third accused, Mohamed Walde, was acquitted of the charges under Section 215 CPC.

• The magistrate said the evidence on record is that the victim’s travel documents were taken away from them by the suspects.

Many Kenyans are unable to access justice due to high legal fees.
Many Kenyans are unable to access justice due to high legal fees.

Two people have been fined Sh60 million for trafficking 11 Ethiopians.

Milimani senior principal magistrate Benard Ochoi found Ali Mitano (the transporter) and Abdinasir Walde (the car-owner) guilty of human trafficking. The two will serve five years in jail each, if they fail to pay the fine.

Ochoi found that Mitano and Walde knew the 11 persons found in their vehicle were being transported for exploitation purposes on July 9, 2019.

“It is my finding that the prosecution has proved its case against the first and second accused beyond reasonable doubt. Both the 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, Mohamed Walde, was acquitted of the charges under Section 215 CPC.

The magistrate said the evidence on record is that the victims' travel documents were taken away from them by the suspects.

He said there was no indication whatsoever if they had any work permits as 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.

Ochoi said said given Mitano and Abdinasir agreed to transport the victims discreetly, the concealment of the information proved they were aware of the illegality that was being committed, hence proof of their state of mind.

The two were arrested on the Nyeri-Nairobi highway at Makuyu area in Murang'a North sub county jointly with others not before court.

The prosecution called 10 witnesses to testify in the case.

 

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