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.

“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.

 “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.”

 “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. A recent raid in Athi River uncovered 21 Kenyans being processed for travel, along with documents suggesting high-level coordination between recruitment firms.

But the defence remains adamant: “This is not trafficking. It’s business competition.”

“There are no rules and regulations dealing with an ex-KDF person. There is no agency in this country that deals with the recruitment of ex-KDF staff. There is no provision in the KDF Act that prohibits ex-KDF staff from getting jobs elsewhere,” Lawyer Omari stated.

As the suspect remains in custody, the legal battle is expected to intensify. The case raises urgent questions about Kenya’s preparedness to regulate transnational recruitment, especially when it intersects with foreign military interests.

“Therefore, our client was in lawful business; there’s nothing strange about it. We shall be moving to court on Monday to bring this to the attention of the High Court that this is a person who was recruiting people, willingly going for a job. And lastly, no civilian can qualify for this program, so there is no civilian who has been recruited to go to Russia. All these people are ex-KDF officers. That is the truth. The DCI took those contracts, his phone, his laptop and the videos of where those people are saying they are willing, they are trained on combat, they are jobless and they are looking for a job,” Omari noted.

Is this a loophole in the law—or a deliberate blind spot? The answer may shape how Kenya navigates the murky waters of global labour migration and national security in the years to come.

“It is likely that this matter could be handed over to Interpol as police officers consider it a transnational crime. Whether the recruitment was going on with government approval remains unclear," he added.