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Corruption and Bribery
Regulators around the world, including Kenya, are becoming more aggressive and cooperative in investigating and enforcing anti-bribery and anti-corruption laws and related economic crimes. As the global economy becomes increasingly integrated, investigators, regulators and prosecutors have become more stringent in their enforcement measures. Consequently, apart from being subject to Kenyan anti-bribery and corruption legislation, Kenyan companies and directors (or companies doing business in Kenya) must understand legislation in other jurisdictions. The United States and the United Kingdom have particularly onerous provisions coupled with strong cultures of enforcement and prosecution.
- CM Advocates has huge experience and expertise in the field of bribery and corruption including, inter alia, defending allegations of complex fraud, bribery, corruption, money laundering, tax evasion, falsified accounting, insider dealing, abuse of office, extradition proceedings as well as anti-trust and consumer protection related criminal proceedings. Our team regularly advises and consults for corporations and individuals under investigations in such complex and high profile cases.
- The Kenyan Bribery Act 2016, the Anti- Corruption and Economic Crimes Act, 2003 and as well as the Proceeds of Crimes and Anti- Money Laundering Act (Chapter 59B) govern the conduct of companies and individuals in respect of bribery and related corrupt practices such as facilitation payments and improper business or hospitality expenses.
- The Bribery Act has far-reaching effects and the stiffest penalties. For instances, those found guilty of bribery or corruption, inter alia, face unlimited fines, confiscation of any property acquired through such unlawful means and up to 10 years imprisonment for individuals. Moreover, those adjudged guilty of offenses under the Act face up to 10 years ban from doing business the national or county governments. Moreover, convicts are debarred holding public office or taking up directorship or partnership position in private entities for up to 10 years.
- The Bribery Act requires every public and private entities to shall put in place procedures appropriate to its size and the scale and to the nature of its operations, for the prevention of bribery and of bribery. Moreover, both public and private entities have obligations to reports any actual or suspected instances of bribery. Severe penalties – including fines and even terms of imprisonment – can be imposed on individuals and corporations breaching the provisions of the Act or failing to implement robust compliance programs that mitigate such risks.
- We regularly act for corporates and individuals subject to criminal investigations and prosecutions; some of which involve a slew of investigative bodies. We also help corporates and individuals to deal with internal investigations relating to bribery and corruption as well as managing the relationship with enforcement agencies. Our team is well versed in providing excellent strategic advice, which often results in cases being discontinued or in not- guilty verdicts at trial.
- We also can advise on issues relating to drafting and review of anti-corruption and anti-bribery policies, self-reporting and well; as in representing clients in restraint and confiscation proceedings as well as civil recovery orders by the Assets Recovery Agency. Where applicable, we also help clients negotiate and conclude pre- bargaining agreement with the Office of Director of Public Prosecution.
- For corporates who are victims of bribery and corruption, we offer a wide range of services to recover assets, commercial litigation and assets tracing and recovery. We are also offer advice on enhancing and remediating and the corporate compliance programmes to mitigate the risk of further incidents of bribery and corruption within the organisation.