Tackle organised crime

For years, corporate fraudsters, gangsters and dealers in fake goods have cost Kenyans and by extension the economy a great deal and efforts to deter them have been fruitless.

This has mainly been due to lack of a strong legal framework to deal with the criminals.

That is why the decision by President Kibaki to sign into law the Prevention of Organised Crime Bill 2010––a piece of legislation that sets in motion a process that could see convicts lose the proceeds of crime even as they serve prison terms––is a welcome move that was long overdue.

It seeks to tame the gangs operating in the country, many of which have been accused of carrying out killings, extortion, abductions, drug and child trafficking, piracy, bribery and rape.

It provides for surrender of illegally acquired property, a critical sanction that has been missing from Kenya’s legal system, leaving convicts to enjoy proceeds of crime after serving jail terms.

By defining an organised criminal group as a structured group of three or more persons, existing for a period of time and performs or threatens to kidnap, extort money, commit violence or recruit others into the gang––authorities will now be able to contains gangs like Mungiki.

Under the new laws, facilitators and perpetrators of organised crime will be liable to a fine not exceeding Sh1 million or imprisonment for a term not exceeding 14 years or both.

The President also seems to have read the mood of corporate Kenya, which is grappling with renewed attacks in fraudulent schemes hatched by employees.

More recently, a number of commercial banks are known to have been hit by massive in-house fraud but the employees have been merely charged with theft and jailed for a maximum of five years without any attempt to recover the loot.

It is now incumbent upon the security authorities to implement the provisions in the law to the letter.

But there is a challenge as dealing with the groups is likely to pose a big task to the government as it is estimated that their members run into millions of people.

As such, it requires a heavy investment both in terms of human capital and finances in the security apparatus to ensure all such groups are eliminated.

This is the only way the country can rid itself from one of be biggest hindrance to business––insecurity.