JOURNAL OF UWC FACULTY OF LAW | ISSN 2077-4907 | Short URL www.ldd.org.za

Kenya's implementation of the Smuggling Protocol in response to the irregular movement of migrants from Ethiopia and Somalia, pg 29

Volume: Volume 19 - 2015

Article type: Refereed article

Author/s: Barasa, Noela; Fernandez, Lovell

This article studies the mixed movement of Somalis and Ethiopians to Kenya. It examines the modalities related to the smuggling of migrants and discusses economic exploitation of migrants by organised criminal networks, including corrupt Kenyan border officials. The criminalisation of migrants who are illegally present in Kenya is assessed against the background of the international legal framework, mainly the Protocol against the Smuggling of Migrants by Land, Sea and Air and the United Nations Convention against Transnational Organised Crime. The article analyses Kenya's revised immigration law and other recently enacted laws to address economic criminality. Finally, it recommends a set of national measures necessary to enhance legal protection for migrants within the mixed movement and stem the flow southwards through the eastern migration corridor.

About the author/s

Noela Barasa

National Project Manager, the UN Office on Drugs and Crime Regional Office in Eastern Africa; and Professor of Law and Co-director of the South African-German Centre for Transnational Criminal Justice, UWC, respectively.

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Lovell Fernandez

Professor of Law, University of the Western Cape

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