Lawyers, Money Laundering, and The Right to A Fair Trial

Abstract

Globally, the crime of money laundering greatly affects the economic development of many countries, including Kenya. Money laundering threatens tax revenue and also undermines the state’s control over economies. For a long time criminals have sought ways to disguise their illicit financial gains. They have used financial institutions like banks but more so even lawyers have been used to disguise illicit funds due to their air of legitimacy, and certain privileges that they have. This study sought to illuminate the role of lawyers in money laundering. It also sought to highlight existing laws and institutions aimed at curbing money laundering in Kenya, to examine the challenges posed by advocate client confidentiality on anti-money laundering measures, and ultimately to formulate suggestions on how money laundering facilitated by lawyers can be curbed in Kenya. This study made use of qualitative research methodology which makes use of existing data, basically written data such as books, among others, usually referred to as secondary data. In pursuit of the same, the researcher sourced solely secondary data, especially literature, and analogous studies on lawyers, and money laundering both globally, and domestically. This study found that the challenges of money laundering facilitated by lawyers in Kenya are twofold: inadequate laws obligating lawyers to report suspicious activities, and an imbalance in advocate client confidentiality and anti-money laundering obligations. This study recommends that amendments be made to the existing anti-money laundering legislations in Kenya so that they include lawyers are reporting entities. The study also recommends further research to be done on the balance between the right to a fair trial by upholding advocate-client confidentiality, and anti-money laundering obligations.