When is a child criminally responsible?

For those interested in substantive criminal law, here is an article discussing how South Asian countries’s criminal laws determine the age at which kids are criminally responsible. What is most notable is that each country’s penal code answers this question differently and the age of responsibility ranges from 7 years of age in India and […]

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In Europe, Crime (probably) Still Pays

A recent Europol survey on criminal asset recovery has attempted to assess the extent to which EU forfeiture efforts achieve their target of denying criminals the benefits of the proceeds of crime. Sadly, the conclusion is that the gap between the estimated amount of laundered funds and what is seized/forfeited is quite large. The estimate […]

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Dissecting The Proposed Livestock Criminal Offences

A recent proposal to amend the Kenyan Penal Code would delete s.278 (stealing stock) of that law as well as the ‘illegal possession of stock’ offence under the Stock and Produce Theft Act and replaces them with a new cattle rustling offence. It was also add a ‘theft of livestock produce’ offence and a ‘handling […]

IFMIS and the Punctured Myth of Invincibility

When the NYS scandal broke, there were the usual stages of grief: Denial and Isolation Anger Bargaining Depression Acceptance Yet as others pointed out last year (see here and here),  IFMIS had a dodgy track record in another country: Malawi. I’ve included a link on this page to the forensic audit of Malawi’s Cashgate scandal […]

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Is the President meddling in an ongoing case?

On Saturday 17 April 2016, President Uhuru Kenyatta addressed a public rally in Nakuru. Much of it was the same-old politicking, but he did touch on something that I wanted to address- the question of whether Kenya can simply stop sending people to the ICC. Here’s the excerpt from his speech:- There are many questions […]

Does Kenya permit trial in absentia?

After nearly a decade of dilly-dallying, a magistrate has finally tired of the corruption waiting game called Anglo-leasing and is attempting to put a UK based corporation- Infotalent Ltd.- on trial in absentia. The will-power and initiative shown is laudable. But does Kenyan law explicitly permit trials in absentia? This is no idle question since […]

Shelling out companies

A recent amendment to the companies registration form will demand more detail about the physical address and number of employees of any company seeking registration in a bid to weed out shell companies that have been used to defraud the government through procurement abuses. Its a good move, but remember that Kenya’s anti-money laundering efforts […]

The Panama Papers, Kenya and Money Laundering

Recently millions of documents belonging to the law firm Mossack Fonseca were leaked to a German Newspaper. You may not know Mossack Fonseca, but Vladmir Putin knows Mossack Fonseca- or at least his close friends do. The leaked documents explain why Putin is widely seen as one of the wealthiest men in the world yet […]