Trapped Behind the Scam: Protecting Kenyan Youth from Trafficking into Southeast Asia

Every year on 30 July, the world marks the World Day Against Trafficking in Persons, a day set aside by the United Nations to raise awareness about one of the fastest-growing forms of organised crime and to reaffirm our commitment to protecting survivors and holding traffickers accountable. This year's theme, “Trapped Behind the Scam,” shines a spotlight on a disturbing form of human trafficking that has rapidly expanded across Southeast Asia. Thousands of people from around the world, including Kenyans, have been deceived with promises of lucrative employment abroad, only to find themselves trapped in heavily guarded scam compounds where they are forced to commit online fraud under threats of violence, torture and even death.

This year's national commemoration in Cheptais, Mt. Elgon, carries particular significance. GJK's casework, documentation and engagement with affected communities have identified increasing reports of recruitment from Mt. Elgon into trafficking routes leading to scam compounds in Myanmar and other parts of Southeast Asia. GJK has documented nearly 50 cases involving this form of trafficking, providing important evidence of emerging recruitment patterns and the experiences of affected Kenyan youth. Many of the victims are young people—recent graduates, unemployed youth and individuals searching for opportunities to improve their lives and support their families. They become victims of sophisticated criminal enterprises that prey on hope, ambition and economic hardship, exacerbated by limited access to verified labour-migration information and the growing use of social media and digital platforms for recruitment.

For Global Justice Kenya, this year's theme is more than a slogan. It reflects the stories we have heard directly from survivors, many of whom left Kenya believing they were travelling to legitimate jobs in customer service, IT, marketing, hospitality or teaching. Instead, they found themselves trapped in compounds controlled by criminal networks, stripped of their passports, isolated from the outside world and forced to participate in online scams targeting unsuspecting people across the globe.

The New Face of Human Trafficking

Human trafficking has evolved significantly over the years. While trafficking for sexual exploitation and forced labour in traditional sectors such as domestic work, agriculture and construction remains prevalent, criminal networks have adapted to technology and global migration patterns. Today, trafficking for forced criminality—including online scamming—has emerged as a serious and rapidly evolving form of exploitation.

Victims are recruited through social media platforms such as Facebook, Telegram, WhatsApp and TikTok, as well as through informal labour brokers, recruitment agents and even trusted friends or relatives who unknowingly share fraudulent job advertisements. In cases documented by GJK, prospective workers have been attracted by promises of comparatively high salaries and benefits, including free accommodation, meals, visa processing and air tickets. Applicants may be assured that no previous work experience is required and that the recruitment process is quick and uncomplicated.

For many young Kenyans facing unemployment, these offers appear to provide a pathway to a better future. Unfortunately, the promises are carefully designed to conceal the true purpose of the journey.

From Promise to Captivity: Kenya to the Scam Compounds

Many Kenyan victims begin their journey in Nairobi, travelling to countries such as Thailand under the impression that they have secured legitimate employment. Others travel through neighbouring countries such as Uganda and Ethiopia before proceeding to Southeast Asia.

Upon arrival in Thailand, the reality changes dramatically. Survivors documented by GJK have described being transported across borders into scam compounds in Myanmar and elsewhere in Southeast Asia. Their passports and mobile phones may be confiscated, and some survivors have reported being told that they have been “purchased” and must work to repay fabricated recruitment and travel costs. Inside these compounds, victims are forced to operate sophisticated online scams targeting people across Europe, North America and Asia. Survivors have reported physical violence, psychological abuse, deprivation of food, electrocution, confinement, threats of death and organ harvesting, and other forms of cruel, inhuman or degrading treatment when they refuse to participate, fail to meet imposed targets or attempt to escape.

These accounts are not simply stories of fraudulent recruitment or bad employment. They reveal trafficking for the purpose of forced criminality: people are recruited and transported through deception and subsequently compelled to engage in criminal conduct for the benefit of those exploiting them.

This distinction matters. A person who has been compelled through trafficking to participate in online fraud may simultaneously be a victim of trafficking and have been forced to engage in conduct that harms others. Their coerced participation in criminal activity does not erase the exploitation, deception and coercion that brought them into the trafficking situation.

Kenyan courts are also beginning to confront this reality. In Nyakong'o v Gratify Solutions International Limited & 3 others; National Employment Authority (Interested Party) [2025] KEELRC 3258 (KLR), the Employment and Labour Relations Court found that a Kenyan recruited for purported employment in Thailand and subsequently forced to work in an online scam compound in Myanmar had been subjected to human trafficking, forced labour, servitude and forced criminality. The Court further held that his initial consent to travel was irrelevant because it had been obtained within a deceptive trafficking scheme.

Safe Migration: Staying Safe, Spotting the Signs and Knowing Your Rights

One of the greatest misconceptions about human trafficking is that victims knowingly take dangerous jobs. In reality, many Kenyan victims leave the country through regular immigration channels and with valid passports. They are deceived into accepting what they believe are legitimate employment opportunities, only to find themselves trapped in situations of exploitation.

Migration itself is not the problem. Every Kenyan has the right to seek employment abroad. The challenge is ensuring that migration is safe, informed and regular. Safe migration is not about discouraging people from seeking opportunities abroad. Migration for work is a legitimate pathway to employment, economic growth and improved livelihoods. Rather, safe migration means ensuring that every stage of the migration process—from recruitment to return—is lawful, transparent, informed and respectful of the migrant's rights.

For those considering employment abroad, understanding the risks and taking precautionary steps can make the difference between securing decent work and becoming a victim of trafficking. Safe migration is ultimately about making informed decisions. Traffickers thrive where information is lacking.

The Red Flags to Look Out for

Many trafficking cases involving Myanmar and other Southeast Asian countries follow similar recruitment patterns. Knowing and recognising these warning signs can help prospective migrant workers identify potentially fraudulent recruitment practices.

So what are the tell-tale signs to watch out for as a prospective migrant worker?

• A job promises exceptionally high salaries with little or no experience required.
• Recruitment takes place exclusively through WhatsApp, Telegram or social media without formal interviews.
• The recruiter pressures you to travel immediately.
• You are not given a written employment contract before departure.
• You are advised to travel on a tourist visa instead of the appropriate visa or permit authorising employment.
• The employer's address or company registration cannot be independently verified.
• The recruiter asks you to keep your travel plans secret from family members.
• You are told that flights, accommodation and visa costs will all be paid without clearly explaining the terms.
• The job description is vague or constantly changes.
• The recruiter discourages you from contacting the Kenyan Embassy or government agencies.

Importantly, fraudulent recruitment is not always obvious. Sophisticated traffickers may use professional-looking advertisements, apparently legitimate businesses, convincing recruiters and plausible employment terms. Prospective migrant workers should therefore rely on verification, not simply intuition. Verify the recruitment agency, employer, contract, visa and destination before travelling.

From Victim to Survivor: Accessing Justice and the Road to Recovery

Survivors of trafficking have the right to protection, recovery and justice. This is particularly important in cases of forced criminality, where trafficked persons may have been compelled to engage in unlawful activities as a direct consequence of their exploitation. Responses by law-enforcement, immigration and justice institutions should carefully identify indicators of trafficking and coercion and apply applicable protections, including the non-punishment principle, rather than automatically treating trafficked persons as offenders.

Survivors may also pursue remedies for violations suffered as a consequence of trafficking. Depending on the facts and applicable law, these may include constitutional remedies, compensation, restitution and other forms of reparation. Claims relating to recruitment fees, employment benefits, contractual losses or unpaid work may also arise, although the availability and legal basis of each remedy will depend on the circumstances of the particular case.

The 2025 Nyakong'o decision illustrates the potential importance of judicial remedies. The Employment and Labour Relations Court awarded the survivor KSh 5 million for violations of his rights and fundamental freedoms, taking into account his suffering, psychological injury, lost opportunity and the need for deterrence. The Court, however, separately declined his claim for the promised salary under the purported foreign employment contract because that arrangement was found to be deceptive, fraudulent and unlawful. The decision demonstrates both the availability of meaningful remedies and the importance of grounding each claim in the appropriate legal basis.

Where an identifiable employment relationship exists, survivors may pursue claims arising from unlawful recruitment practices, breach of contract or unpaid employment benefits through the appropriate legal mechanisms.

Victims are entitled to protection from intimidation and retaliation. Measures may include confidential handling of sensitive information, witness protection in appropriate cases, and support throughout criminal proceedings.

Beyond the Courtroom – The Path to Recovery

Justice does not end with a court judgment. Survivors often return home carrying deep physical, emotional and financial scars. A survivor-centred response therefore requires comprehensive support that enables individuals to rebuild their lives on their own terms and with their dignity, choices and agency respected.

Consular assistance and safe return – Kenyan embassies and high commissions, working with relevant government agencies and international organisations, play an important role in facilitating emergency documentation, communication with families and safe and voluntary return where necessary.

Psychological support – Some survivors may experience psychological distress, anxiety, sleep difficulties, trauma-related symptoms or feelings of guilt or shame following prolonged coercion and abuse. Survivors who wish to access such services should have access to confidential, trauma-informed and professionally appropriate psychosocial and mental-health support.

Medical care – Victims may require treatment for injuries sustained during captivity, malnutrition, chronic illnesses or conditions resulting from prolonged abuse. Timely healthcare is an essential part of recovery.

Safe shelter – Immediately after rescue or return, some survivors cannot safely return home. Temporary safe accommodation provides protection while longer-term solutions are arranged.

Family reunification – Where appropriate and in the survivor's best interests, efforts should be made to reconnect survivors with their families in a safe and supportive manner.

Economic reintegration – Trafficking frequently leaves survivors in significant debt. Livelihood programmes, vocational training, entrepreneurship support and employment opportunities can strengthen economic security and reduce vulnerability to further exploitation and re-trafficking.

Justice is achieved not only when traffickers are convicted, but also when survivors regain their dignity, independence and hope for the future.

The Law as a Shield Against Trafficking in Persons

The Constitution of Kenya, 2010, protects the rights to dignity, equality, freedom and security of the person, freedom from slavery, servitude and forced labour, fair labour practices and access to justice. Where these rights have been violated, survivors may seek constitutional remedies before the courts. Kenya's legal framework also includes:

• The Counter-Trafficking in Persons Act, 2010, which criminalises trafficking, provides for the investigation and prosecution of traffickers while recognising trafficked persons as victims of crime, establishes measures for victim protection and creates the Counter-Trafficking in Persons Secretariat.
• The Victim Protection Act, 2014, which safeguards victims' rights to information, participation, protection and support during criminal proceedings.
• The Employment Act, 2007, which protects workers against unfair labour practices and exploitation.
• The Labour Institutions Act, 2007, which strengthens labour administration and enforcement.
• The National Employment Authority Act, 2016, which provides a framework relevant to the regulation of employment agencies and foreign employment and supports the promotion of lawful labour migration.
• The Witness Protection Act, which provides protection for eligible witnesses facing threats because of their participation in criminal proceedings.

Kenyan courts have affirmed that trafficking involves the act of recruitment, transportation, transfer, harbouring or receipt of a person; the use of means such as deception, fraud, coercion or abuse of vulnerability; and the purpose of exploitation. Critically, where deception is used for the purpose of exploitation, a person's initial agreement to travel does not prevent the circumstances from constituting trafficking.

Because trafficking is a transnational crime, Kenya's response is also informed by international and regional human rights and labour standards. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol), which Kenya has ratified, establishes the internationally recognised framework for defining and responding to trafficking in persons. Relevant standards also include the ILO Forced Labour Convention (No. 29) and its 2014 Protocol, CEDAW—including its obligation concerning the suppression of trafficking in women—and the African Charter on Human and Peoples' Rights. International standards concerning migrant workers also reinforce the fundamental principle that human and labour rights do not disappear when a person crosses a border.

Together, these legal frameworks reinforce a central principle: trafficked persons must be treated as rights holders entitled to protection, justice and effective remedies—not reduced to the unlawful conduct they may have been compelled to perform.

Prevention: A Shared Responsibility

Human trafficking does not begin in Myanmar. It begins much earlier—with a misleading social media advertisement, a persuasive recruiter, an unverified job offer, or a young person searching for an opportunity to build a better future.

Preventing trafficking therefore requires action at every stage of the migration journey. It is not a responsibility that rests solely with the police or the courts. Families, communities, schools, government institutions, recruitment agencies, employers, civil society organisations, technology platforms and prospective migrants all have a role to play.

Prospective migrants can reduce risk by verifying overseas job offers before travelling. This means confirming that the recruitment agency is licensed by the National Employment Authority (NEA), insisting on a written employment contract before departure, understanding the terms and conditions of employment, and ensuring that the visa issued matches the intended purpose of travel. Migration should always be informed, documented and voluntary.

Families should ask questions about recruitment agencies, employers and travel arrangements. Where a family member suddenly loses contact after travelling abroad, changes their behaviour during phone calls, appears frightened, repeatedly asks for money under suspicious circumstances or gives inconsistent information about their location, these may be indicators that they are experiencing exploitation. Community leaders, schools, religious institutions and youth groups should continue raising awareness about trafficking and safe migration.

But prevention cannot depend on young people and their families successfully identifying increasingly sophisticated criminal schemes. The State and other responsible institutions have corresponding duties to strengthen oversight of recruitment agencies, investigate fraudulent recruiters, make employment-verification mechanisms accessible, strengthen cross-border and consular responses, and ensure that survivors can safely report trafficking and obtain protection and remedies. Technology companies and digital platforms also have an important role in identifying and responding to fraudulent recruitment advertisements and accounts used to facilitate trafficking.

GJK's documentation and engagement in Cheptais and the wider Mt. Elgon region have identified increasing reports of recruitment linked to trafficking into scam compounds in Southeast Asia. This underscores the importance of targeted, evidence-based prevention in communities from which recruitment is occurring, without stigmatising those communities or the young people seeking legitimate opportunities abroad.

Community leaders, religious institutions, schools, youth groups and local administrators can play a significant role by creating awareness about trafficking, identifying suspicious recruitment activities and encouraging safe migration practices. Survivors who freely choose to share their experiences can also contribute powerful insights to prevention efforts. Any such participation should be voluntary, informed, safe and appropriately supported, with careful attention to confidentiality, security, stigma and the risk of re-traumatisation. Survivors should never be expected to disclose their experiences or assume responsibility for preventing others from being trafficked.

Equally important is how communities receive those who return. Welcoming returning survivors without stigma is essential for sustainable reintegration. Survivors deserve compassion, support and meaningful opportunities to rebuild their lives—not blame for the exploitation inflicted upon them or for crimes they were compelled to commit.

From Awareness to Action

As we commemorate the 2026 World Day Against Trafficking in Persons in Cheptais, Mt. Elgon, let us remember that silence protects traffickers. Behind fraudulent recruitment schemes are real people—sons, daughters, brothers, sisters, parents and friends—whose aspirations for decent work and a better future have been manipulated for profit.

The theme “Trapped Behind the Scam” challenges us not only to recognise this evolving form of trafficking, but to act: to strengthen prevention, disrupt fraudulent recruitment, hold traffickers and complicit actors accountable, protect those at risk, and ensure that survivors can access justice and effective remedies.

At Global Justice Kenya, we remain committed to documenting survivors' experiences, supporting access to justice, promoting safe labour migration and advocating for stronger protection systems for migrant workers. We believe that preventing trafficking requires informed communities, ethical recruitment, responsive institutions and survivor-centred justice. Our work also focuses on helping survivors understand their rights and the remedies available to them. Through legal advice, referrals and collaboration with relevant government agencies and civil society partners, we continue to support survivors in navigating justice processes while ensuring that their safety, dignity, agency, recovery and access to effective remedies remain at the centre of every intervention.

Every Kenyan has the right to seek opportunities beyond our borders. Those opportunities, however, should never come at the cost of freedom, dignity or life itself. Preventing trafficking requires more than asking prospective workers to recognise danger: it requires systems that make safe migration possible, institutions that hold traffickers accountable, communities equipped with reliable information, and justice systems capable of delivering meaningful remedies when violations occur.

Together, we can work towards a future in which every Kenyan youth can pursue decent work and opportunity—at home or abroad—without being trapped behind the scam.