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/lp/edinburgh-university-press/criminal-forfeiture-under-kenya-s-proceeds-of-crime-and-anti-money-0iz2p9Olzo
- Publisher
- Edinburgh University Press
- Copyright
- Copyright © Edinburgh University Press
- ISSN
- 0954-8890
- eISSN
- 1755-1609
- DOI
- 10.3366/ajicl.2020.0344
- Publisher site
- See Article on Publisher Site
Abstract
Criminal forfeiture is an asset confiscation mechanism used to seize benefits gained from an offence that one is convicted of. In Kenya, the Proceeds of Crime and Anti-Money Laundering Act provides the facilitating legislation. The present state of the regime's underutilisation prompts an examination of the substantive law and procedure provided in this statute. The analysis indicates that the provisions are technical in nature and the process is systematic. This ensures that a procedurally and substantively fair process is undertaken, in keeping with constitutional provisions. Nonetheless, identified challenges, including the complex nature of the provisions, translate to unclear interpretation and consequently ineffective implementation. This state of affairs is reversible through increased understanding of the criminal forfeiture provisions and their operation. This can potentially lead to an upsurge in its use and facilitate depriving offenders of criminal gains, removing the incentive for crime and reducing proceeds available to fund criminal activities.
Journal
African Journal of International and Comparative Law – Edinburgh University Press
Published: Nov 1, 2020