Theoretical Underpinning of Anti-Economic Crimes Sanctions from the Kenyan Perspective

Abstract

There have been numerous efforts to counter organized economic crime in the form of legislations and executive actions both nationally and internationally. The law in Kenya is quite developed as it regards this matter. The constitution contains a whole chapter on leadership and integrity. The Proceeds of Crime and Anti-money Laundering Act that entered into force in 2009 is also very detailed. It provides for both confiscation based and non-confiscation based asset recovery mechanisms. Civil forfeiture covers where criminal forfeiture cannot because of its lower standard of proof, it does not require a conviction. The establishment of the Office of the DPP, the DCI and the EACC, are also major steps forward. However, to correctly pinpoint the issues and consequently construe solutions thereof, the theoretical underpinnings must be understood. This paper discusses the theoretical underpinnings of these laws.