Government to have sweeping powers tap calls, emails in cash transactions
3 min read
Government will have sweeping powers to listen to calls and read emails of Kenyans who will be conducting unexplained large transactions
Government will have sweeping powers to listen to calls and read emails of Kenyans who will be conducting unexplained large transactions.
Telephone calls and emails of Kenyans suspected to be dealing in money laundering and terrorism financing will be tapped if parliament approve changes to a Bill seeking to escalate the fight against terrorism and dirty money deals in the country.
The Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill, 2023, was amended on Wednesday by the parliamentary committee on finance in an effort to make it lawful to bug suspects’ private communications.
If the House approves the plan, the State security apparatus will have unrestricted access to the private communications of anyone suspected of financing terrorism or in unexplained huge cash transactions.
Currently, it is illegal for State agencies to eavesdrop on anyone who are thought to be involved in money laundering and terrorism financing.
“Where a person is suspected or accused of an offence under this Act, the privacy of a person’s communications may be investigated or otherwise interfered with,” says the proposed amendment.
The new clause touches on five laws that are being amended through the Bill; Insurance Act, the Banking Act, the Central Bank of Kenya Act, the Capital Markets Act and the National Payments Systems Act.
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The Cabinet approved the Bill last month, paving the way for its introduction in Parliament.
Kenya has since the start of the year sought to beef up the fight against money laundering and terrorism financing, with the Treasury forming a task force to review related policies, strategies, and legislation in April.
The proposed amendments follow last year’s enactment of the Proceeds of Crime and Anti-Money Laundering (Amendment) Act.
A report by the Eastern and Southern Africa Anti-Money Laundering Group last year singled out Kenya for not prosecuting people involved in money laundering and terrorism financing, highlighting the need to beef up the investigative capacity.
The group’s members include the World Bank, the International Monetary Fund (IMF), US and the United Kingdom.
The Cabinet while approving the anti-money laundering Bill last month agreed to a proposal that increases the cash disclosure threshold by 50 percent from the current $10,000 (Sh1.4 million) to $15,000 (Sh2.1 million).
The changes contained in the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill, 2023 sailed through Third Reading on Wednesday.
The Bill now awaits President William Ruto’s signature to become law.
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