Kenya’s National Treasury has published the Draft Public Finance Management (Public Prosecutions Fund) Regulations, 2024, and is inviting public feedback. The regulations aim to establish a new fund dedicated to receiving and managing assets recovered from criminal activities, a move seen as a significant step in the fight against corruption and organized crime.
The proposed Public Prosecutions Fund will handle proceeds derived from illegal activities such as stolen or unlawfully acquired assets, with the goal of redirecting these resources to bolster the country’s criminal justice system. According to a statement from the Treasury, the fund will play a crucial role in “tracing, recovering, confiscating, and restoring proceeds of crime for the benefit of the Kenyan people.”
The draft regulations outline how recovered assets will be used to strengthen investigations and prosecutions, particularly in cases involving corruption and economic crimes. Funds from the new initiative will be allocated to enhance the capacity of institutions like the Office of the Director of Public Prosecutions (ODPP) and other agencies involved in tracking and recovering stolen assets.
The Treasury says the money will support efforts to trace and confiscate illegally acquired assets and help finance prosecutions, making the criminal justice system more effective in addressing financial crimes. The move is expected to complement the work of agencies like the Ethics and Anti-Corruption Commission (EACC) and the Asset Recovery Agency.
The draft regulations were developed by a multi-agency task force that includes representatives from the ODPP, the Office of the Attorney General, and the National Police Service. This collaborative approach is intended to ensure that the legal, investigative, and enforcement bodies are fully aligned in their efforts to combat financial crimes and recover public resources.
In the draft notice, the Treasury emphasized that the new fund is intended to “support and facilitate the tracking, forfeiture, or recovery of assets acquired through criminal means,” helping to ensure that misappropriated funds are returned to public coffers.
As part of the consultation process, the Treasury is urging members of the public, civil society organizations, and other stakeholders to submit their comments, suggestions, or memoranda on the draft regulations by 22nd October 2024. These can be submitted either by mail or through hand delivery to the National Treasury offices. The public is also being assured that the feedback will be considered public record and may be incorporated into the final version of the regulations.
In addition, an in-person public consultation meeting will be held on 23rd October 2024, bringing together key stakeholders from various sectors, including the ODPP, the Inspector General of Police, the Witness Protection Agency, and the Attorney General’s office. These meetings aim to provide a platform for open discussion on the regulations before their finalization and publication.
