Revisiting Kenya’s Proceeds of Crime and Anti-Money Laundering Act 9 of 2009 (Revised 2019): an opportunity for extraterritorial jurisdiction

Abstract

Various steps have been taken in both East and Southern Africa to combat the vice of moneylaundering. Notable steps are evident in Kenya as the business hub for East Africa. The era ofglobalisation has without a doubt led to various advantages such as transnational modernisation,marketing of predominant consumerist values. While this has to a great extent destabilisedcustoms and tradition, crime has continued to inform this process of destabilisation. This isagainst the backdrop that globalisation subsequently ushers in new and favourable contexts forcrime through the ‘compression of time and the annihilation of space’. Some States haveprovided for extraterritorial jurisdiction of anti-money laundering offences as a holistic steptowards mitigation of the vice. In the context of Kenya’s Anti-money laundering law and using adesktop research approach, this contribution evaluates the argument that extraterritorialjurisdiction provides a tool for mitigating the commission of a crime and the effects thereof.First, the author uses a literature review to make a case for extraterritorial jurisdiction and thepros and cons it presents. Secondly, a twofold engagement of the findings is done; an evaluationof the use of extraterritorial jurisdiction in some laws in Kenya and the position of the Proceedsof Crime and Anti-Money Laundering Act 9 of 2009 (Revised 2019). Thirdly, a conclusionfollowed by recommendations on the way forward is done.

(PDF) Revisiting Kenya’s Proceeds of Crime and Anti-Money Laundering Act 9 of 2009 (Revised 2019): an opportunity for extraterritorial jurisdiction. Available from: https://www.researchgate.net/publication/356645951_Revisiting_Kenya's_Proceeds_of_Crime_and_Anti-Money_Laundering_Act_9_of_2009_Revised_2019_an_opportunity_for_extraterritorial_jurisdiction [accessed May 04 2022].