Lawyer’s Ham Lagat and Felix KIprono who is challenging new money laundering act.(FILE PHOTO).
BY SAM ALFAN
A disgruntled member of the Law Society of Kenya has challenged a new money laundering Act saying it will be used to target innocent Kenyans.
Lawyer Felix Kiprono Matangei is contesting some sections of the money laundering act. He holds that section 3, 4 and 7 of the Act is vague and over-broad.
In a petition, Mr Kiprono says that the need to curb Anti-money laundering should not be used as a tool to target innocent Kenyans who even includes Advocates, custodians of law and should not prejudice the rights and fundamental freedoms of innocent and unsuspecting persons adding that Sections 3,4, and 7 has very little to do with the balancing act.
Besides vagueness, some sections have a chilling effect on the Right to property, right to fair trial and right to protection in the law, he holds.
“The section offends the principle of legality which requires that a law, especially one that limits a fundamental right and freedom, must be clear enough to be understood and must be precise enough to cover only the activities connected to the law’s purpose,” he argues.
He is contesting the wording used in the sections saying they are not defined, thereby leaving room for various interpretations and misinterpretations.
The said sections, Kiprono avers do not amount to a reasonable and justifiable legislation geared towards anti-money laundering.
“Retaining the sections would lead to an undesirable situation of the retention of legislation that provides for vague criminal offences which leave it to the court’s subjective assessment on whether defendants are to be convicted or acquitted.”
