Lawyers defend Kenyan accused of trafficking recruits to Russia
Lawyers defend Kenyan accused of trafficking recruits to Russia
Lawyers defend Kenyan accused of trafficking recruits to Russia, say over 1,000 Kenyans already working.
Just one day after the arrest of a suspected human trafficker accused of transporting individuals to Russia, his legal team now claims that he has already facilitated the travel of over 1,000 Kenyans to that country without encountering any complications.
According to his lawyers, Edward Gituku is allegedly involved in the relocation of former Kenyan military personnel who are subsequently enlisted into Russian military units.
The attorneys further assert that those being transported possess official documentation authorising them to travel for military-related activities in Russia.
According to the defence team, there is no specific Kenyan law that criminalises the recruitment of civilians into foreign military service.
The lawyers argue that the accused, who allegedly facilitated the travel of over 100 Kenyans to Russia in just three months, operated within a regulatory vacuum.
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“It is not true that the people who are arrested or who are reported to be rescued… the one who is arrested here, their company has a contract with the Russian military forces, the equivalent of KDF. The other contract is to recruit ex-military officers from Kenya. They are appointed valid, signed by the government of Russia,” Defence Lawyer Dunstan Omari said.
The lawyers further claim that every individual recruited through the agency had access to a contact office in Russia, known as the Allahason Office, which was established to handle grievances. To date, they say, no formal complaints have been lodged through that channel.
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“Do you understand why you are going there? Do you know what you expect? You sign the contract. Once you sign that contract, you can see even from the videos that they have collected that there is no gun on anybody’s head. No gun means what? It is voluntary. It is voluntary,” said Defence Lawyer, Cliff Ombeta.
“And then one of the most enticing things is that, first of all your expenses are taken care of. Ticket is taken care of, you’re not being asked to bring money for the ticket, you’re not told to bring money for the visa, and you’re not being told to bring money for accommodation in Nairobi as you wait. Everything is taken care of… None of these people has ever complained prior to that period of time. These are recordings showing that you actually agree and you are conditioned.”
His lawyers insist that the process was transparent.“This company that you are dealing with here has more than over 1,000 people working in Russia. It is disclosed the type of job they are going to do. They are going for active military work,” Omari stated.
The defence paints a picture of economic desperation driving the recruits’ decisions. With promises of salaries up to KSh 300,000, six times the average government wage, the offer was irresistible to many.
Ombeta added, “To go there and get a lump sum of 2 million first… even when you join the forces in Kenya nobody ever gives you that money.
Nobody can give you that money here, it’s imaginary money. Then you are earning a salary of maybe Ksh.35,000 or 40,000. You are getting a minimum of Ksh.205,000 when you have already retired, and maybe your period of serving nine years is over. Ksh.300,000 is six times more than what the Kenyan government pays soldiers.”
“People are looking for work, you have gotten an opportunity. Now, there is no specific law that these persons have actually broken, and when you look at the affidavit, and they are telling human trafficking… they know it is not true. They know there are video recordings. They know it’s voluntary. Human trafficking of who? These persons are 26 years and, if you haven’t aged much, 43 and below.”
Despite the lawyers’ assertions, the Directorate of Criminal Investigations (DCI) maintains that the operation was part of a human trafficking syndicate.
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