Kenya: Muslims Question Proposed Money Laundering Law

Muslims have expressed strong opposition to a proposed law to curb money laundering, saying it would sanction human rights violations by the state.

The Proceeds of Crime and Anti-Money Laundering Bill (2007) is pending before parliament.

The Muslim Human Rights Forum said that after listening to expert reviews of the constitutionalism of the bill, it had come to the "unshakable conclusion" that if enacted the law will have grave consequences on the civil liberties of Kenyans and the sovereignty of the nation.

"The bill as it stands is a cunning attempt at reintroducing clauses from the Suppression of Terrorism Bill (20030 which was rejected by Kenyans for its human rights derogations. It has serious flaws that not only assault fundamental legal principles but also attempt to amend other laws in a crafty, albeit reckless, manner," MHRF explained.

The organisation asked the government to shelve the bill until the necessary amendments are made before it is re-introduced in parliament.

Among the grounds for rejection listed by MHRF is that the bill contravenes established legal principles, such as presumption of innocence, advocate-client relationships, self incrimination, guilt beyond reasonable doubt and creation of suspicion amongst neighbours.

The bill assumes that there are perfect institutions in Kenya and gives police excessive powers. It is also drafted from the standpoint of western society, and needs to be adapted to the local reality.

The Muslims noted that the bill has interest in other trans-national crimes, including terrorism, and is likely to be used in the absence of an anti-terror law.

Foreign jurisdictions are allowed access to Kenyan suspects, without any mutuality. In addition, Muslims are of the view that the proposed law has more stringent measures to deal with money laundering suspects than is the case with those of murder.

The bill legitimises human rights abuses by the state. Money destined to organisations critical of the government could be withheld on allegations of being proceeds of crime.

Moreover, curbing money laundering is not a priority for Kenya when there are more pressing issues such as implementation of the reports on post-election violence and the electoral commission, completion of the constitutional review, institutional reforms, resettlement of displaced persons and dealing with the food crisis.

Muslims read foreign manipulation in the drafting of the bill and urged the government to "hold the interests of its citizens higher than those of any other foreign state or agency."

Source: AllAfrica