Question

Discuss the Kenyan pieces of legislation dealing with fraud. In each piece of legislation, explain the elements of fraud related offences under the Act and the penalties/punishment thereof. Candidates should also highlight the institutions created by each of the legislations in the fight against fraud. Briefly explain the roles and responsibilities of each of these institutions.

Answer 1

Fraud, and, Anti-Corruption Laws

• Ethics and Anticorruption Commission Act 2011
• Anti-corruption and Economics crime Act2003
• Government Financial Management Act 2012
• Public Procurement and Disposals Act 2015
• Witness Protection Act 2006
• Proceeds of Crime and Anti-Money Laundering act2009(revised 2016)
• Leadership and Integrity act,2012
• Public Audit Act,2012
• Bribery Act 2016
• Central Bank Act,2015

Institution

• Office of the Director of Public Prosecutions (ODPP) - Ethics, and, Anti-Corruption Commission

1. Undertake criminal proceedings against any person
2. Undertake public prosecution of cases forwarded by all investigation agencies including the Criminal Investigations Department (CID); Police, Ethics and Anti-corruption Commission, Banking Fraud Investigations Units (BFIU)

• Assets Recovery Agency - Proceeds of Crime, and, Anti-money laundering act 2009

1. Criminal forfeiture: confiscation and restraint orders on all proceeds of crime
2. Civil forfeiture: recovery, preservation, and, forfeiture of assets
3. Criminal assets recovery fund
4. international assistance on investigations and recovery

• DCI - Directorate of Criminal Investigations, National Police service Act, 2011

Functions

• Maintain law and order
• Apprehend offenders
• Detect and prevent crimes
• Conduct forensic analysis
• Maintain criminal records

• KWS - Kenya Wildlife Service - Wildlife Conservation, and, Management Act; Works with the ODPP against Wildlife Crimes; Cases relating to elephants, rhino horns, endangered animals