White-Collar Crime in Kenya: The term white-collar crime refers to financial criminal dealings or insider dealings committed by persons at the management level. Crimes in the corporate world are hardly reported in order to preserve the name or brand of renowned corporations. In fact, many people get away with these sorts of crimes owing to dormant legislation or reluctance by authorities to prosecute them.
Some of the popular white-collar crimes in Kenya include cybercrime, money laundering, procurement offenses, drug trafficking, human trafficking, organ trafficking, and banking fraud.
Organs for Fighting White Collar Crime
The main organs fighting white-collar crime in Kenya are the Kenya Anti-Corruption Commission, the Public Procurement Oversight Authority, and the Fraud Squad (a branch of the Criminal Investigation Department). These organs, though fully funded by the government still fail to curb the most notorious white-collar crimes and have only been seen to succeed in prosecuting petty offenders.
Legislation on White Collar Crime
The 1932 penal code, the Companies Act of 1948, and the Criminal Procedure Code and Evidence Act are examples of old legislation that deals with white-collar crime. The Kenya Communications (Amendment) Act is a modern attempt by the Kenyan government to reign down on white-collar criminals, especially in the banking industry. However, the government failed miserably to effect the Proceeds of Crime and Money Laundering Act in 2009 in an effort to fight money laundering in Kenya.
How Should Kenya Approach White Collar Crime?
The best way for the Kenyan government to deal with white-collar crime is through the establishment of a think tank that is fully resourceful and is backed with scientific research. Watchdogs such as the Auditor General’s office and the Kenya National Audit Office should play a bigger role in fighting white-collar crime. Additionally, since the bark stops with the prosecution of criminals, the Director of Public Prosecutions and the Attorney General’s office should get rid of unnecessary red tape and be more passionate and vigilante in bringing white-collar criminals to justice.
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