Inclusion of lawyers as reporting entities for money laundering in Kenya: implementation challenges and way forward
Date
2022
Authors
Gitari, Judy Wanjiku
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
This research is examines the implementation challenges faced by the legal profession in Kenya in complying with their intended gatekeeping role, in an effort to detect and prevent furtherance of money laundering activities. The importance of their role comes into play mainly because of the professional privilege they possess and their predisposition to be misused by criminals as there is an unwritten assurance that their illegal dealings shall be kept confidential, in acquiescence to their ethical obligations. Despite their vulnerability, the anti-money laundering framework in Kenya is not robust and has been subjected to numerous challenges hindering effective implementation. Accordingly, this study shall rely on the Constitution of Kenya, relevant statues, regulations, journal articles, internet sources as well as case law to investigate the main enforcement obstacles and assess how they can be overcome along with determining whether it is possible to enforce compliance without infringing on the professional duties of lawyers. Additionally, this research examines the degree of compliance of the FATF recommendations within the legal professions in USA, United Kingdom and Malaysia. It also looks at what lessons Kenya can learn from these jurisdictions and what practical steps can be taken to assist in bridging the implementation gap. Moreover, this research shall demonstrate that the susceptibility to use lawyers to launder money is very high. It shall also highlight the importance of including the legal profession in drafting money-laundering legislation and appreciate why this legislation should also take their duties to uphold rule of law into consideration. Finally, this research gives recommendations focused on the way forward towards a fully compliant bar with their reporting role.
Description
A Thesis submitted in partial fulfillment of the requirements of the Degree of Master of Laws, at Strathmore University
Keywords
Money laundering_Kenya, Lawyers, Reporting entities