This archive report was first published on 22 September 2021.
On September 22, 2021, the Kenyan government proposed amendments to the Proceeds of Crime and Anti-Money Laundering Act, 2009, which would grant authorities the power to intercept and record communications of individuals suspected of money laundering and financial crimes.
The proposed amendments, tabled by National Assembly Majority Leader Amos Kimunya, aim to strengthen the country's anti-money laundering laws and give more powers to investigating authorities.
Under the proposed changes, individuals suspected of money laundering would have their communication intercepted and recorded, and their homes or properties could be searched, with possessions seized if necessary.
The amendments also propose the establishment of an oversight board, chaired by the Attorney General, to check and advise the Assets Recovery Agency in its functions.
The board would comprise the principal secretary in the ministry of Finance, Director of Public Prosecutions, director general of the National Intelligence Service, and the director of the Directorate of Criminal Investigations.
The proposed law would also give the Financial Reporting Centre powers to stop transactions reported to authorities, including the Competition Authority of Kenya and the Capital Markets Authority, if they are suspected to involve laundered money.
According to the proposed law, the centre may direct the reporting institution or person not to proceed with the transaction or proposed transaction for a period not exceeding five working days to allow for necessary inquiries.
