Corporate criminal liability the need to reconceptualize existing corporate criminal liability laws in Kenya
Date
2020
Authors
Wambutta, Clementina Isabella
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Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
Corporate criminal liability is not a foreign concept in Kenya. Numerous legislations are in place and acknowledge its existence and importance in society. However, the statutes assume that there exists no distinction between natural and artificial persons hence imagines that the implementation of criminal law towards them is analogous. This poses interpretation and implementation challenges as a result of the wide discretionary gap left to judicial officers to decide on how to implement the concept without relying on natural persons. As a result, corporate crimes go without punishment despite the negative impact those actions pose to the society. It denies the implementation of a ‘just regime of punishment’ for crimes orchestrated by corporations. This paper seeks to examine the methods through which corporate criminal liability is addressed by the judiciary and how is established with regard to ascertainment of corporate mens rea. A proposition will be made on the need to create guiding rules and regulations for allocation of corporate mens rea to ensure efficient allocation of guilt.
Description
Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree,
Strathmore University Law School