Government Monitoring Large Cash Transaction Communications
The government will have broad authority to eavesdrop on phone calls and read emails of Kenyans conducting unexplained large transactions.
In a series of amendments to the Anti-Money Laundering and Combating the Financing of Terrorism Amendment Bill, 2023, the Finance Committee of Parliament has proposed the eavesdropping of private communications of individuals suspected of money laundering or financing terrorism.
MPs want government agencies to have access to suspects’ emails, phone calls, and text messages to monitor the flow of significant amounts of money.
The Amendment Bill was adopted by Cabinet at a meeting held at State House in Nairobi last month, and it is anticipated that it will aid Kenya in its fight against money laundering and terrorism financing.
In recent years, large cash seizures at the nation’s primary entry points and unexplained outsized transactions in institutions have raised concerns regarding the movement of illicit cash.
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Some cases involving allegations of money laundering against Nigerians and other expatriates have been dismissed due to insufficient evidence.
“Where a person is suspected or accused of an offense under this Act, the privacy of a person’s communications may be investigated or otherwise interfered with,” the committee proposed.
Currently, state agencies such as the Directorate of Criminal Investigations (DCI) and the police have access to phone records and text messages that have been utilized to apprehend several criminal suspects.
State agents may abuse their access to Kenyans’ private communications if this measure is implemented.
This amendment was introduced less than a week after the Kenya Bankers Association (KBA) urged the legislature to crack down on money launderers.
KBA opposed the move to increase the transaction reporting threshold, arguing that Kenya’s geographic location made it susceptible to criminals laundering money to finance terrorism.
Cabinet under Ruto raised the threshold for reporting significant transactions from $10,000 [Ksh1.4 million] to $15,000 [Ksh2.1 million].
Government Monitoring Large Cash Transaction Communications