KITUO CHA SHERIA BLOG

In accordance with the Counter Trafficking in Persons Act (Act 8 of 2010, Revised in 2012). The SOPs map out a route for the law enforcerment practitioners on conducting TiP investigation and prosecutions, and how to cooperate in this process. The basic concepts is rather similar to a flow chart , where you are asked to make decisions based on the information you have and then go to the next appropriate phase. Therefore, the SOPs are not necessarily  to followed in a soquential order. Every step has to be assessed and decision has to be made on the step to follow

The SOPs are set out in the following order

1. Receiving or obtaining information on TiP Case(s) (Pre- investigation)

2. Assessment of information and defining investigation strategy/plan (Pre- investigation)

3.Identification and protection of victims of TiP (Pre-investigation, Investigation)

4. Investigations where immediate raid/rescue not required (Investigation)

5. Risk Assessment (Pre-investigation, Investigation, Court proceedings)

6. Planning a raid/rescue (Investigation)

7. Can Carrying out a raid/ rescue (Investigation)

8. Crime Scene Investigation (CSI) (Investigation)

9. Arresting and interviewing a suspect (Investigation)

10. Interviews (Pre-investigation and Investigation)

11. Practical actions in victim and witness protection (Pre-investigation, Investigation, Court proceedings)

12. Financial Investigations (Investigation)

13. International Cooperation and Mutual Legal Assistance (Investigation)

14. Preparing for court (Investigation and Court proceedings)

15. Support during and after court proceedings (Court proceedings)

At the end of each of these elements, guidance is given on the further action or actions you should consider taking.

Check List

 A copy of this checklist should be attached to each TiP case file: components of the checklist can also be integrated into existing case management and data collection systems.

The checklist follows the processes outlined in the SOPs and provides cross-references to the relevant SOPs sections, as well as the applicable legal provisions. In doing so, it:

1. Acts as a prompt to police and prosecutors to ensure they do not overlook any of the SOPs steps.

2. Allows case supervisors to monitor in real time whether, and to what extent, the SOPs are being followed.

3. Provides an end-of-case record on whether, and to what extent, the SOPs were followed, for both case review and to contribute to the collection of aggregated data.

The Checklist will also support the work of the SOPs Multi-Agency Technical Working Group in reviewing progress on SOPs implementation and analysing any challenges or gaps.

Note: While the checklist follows the numerical steps of the SOPs, many cases will not proceed by moving step to step in order. Cases may move back and forth between steps or jump from one step to a later step and skip some, returning to those steps later.

Standard Operating Procedures for Investigation of Crimes of TiP

Step 1: Information/complaint received

Step 2: Complaint Report Assessment

Step 3: Insufficient evidence to continue investigation

Step 4: Information gathered for investigation

Step 5: Raid/Rescue planned

Step 6: Raid/Rescue conducted

Step 6.1: Crime Scene Examined

Step 6.2: Screening performed

Step 7: Presumed victims interviewed

Step 8: Security of victims/witnesses ensured

Step 9: Court preparation and support

By: Racheal Wahome-Legal Officer

Kituo Cha Sheria – Forced Migration Programme