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Alex Onyonka
CORPORATE AND WHITE-COLLAR CRIME IN KENYA: A COMPARATIVE
APPROACH
Public concern has recently been captured by the rise in the cases of unethical, unprofessional
and illegal practices in the corporate sector in Kenya. The media reports are full of high profile
scandals such as Anglo-Leasing, Goldenberg, Kenya Pipeline, Triton Petrol Company, Chicken
gate, and even the second NYS scandal. A report on prosecutions and even conviction of such
scandals in Kenya has not been given. This has captured my interest of getting to know what the
legal framework on corporate and white collar crime is in Kenya.
There are several questions on what has changed that has led to an increase in such cases unlike
it were the case before. Can it be a regime problem? Can a regime change warrant an effective
prosecution of corporate and white collar crimes in Kenya?
My interest into getting to know how corporate crime is handled in Kenya in comparison to other
jurisdictions is the motivation behind me choosing to write a research paper on the topic
corporate and white collar crime. I will focus on doing a jurisdictional comparative approach on
corporate and white collar crime between Kenya, UK and USA. This can possibly answer the
question on what is it that is done in different countries unlike in Kenya that can be applied to
curb the rise in corporate and white collar crime.
The comparison will also answer the question whether it is the Kenyan legislation that is not
clear and relevant to the changing times, or whether the problem is on the enforcement of the law
related with the corporate world in Kenya.
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Intended guide for my writing
Definition of terms
The concept of Corporate and White-collar Crimes
Corporate criminal liability
a) Kenyan Approach
b) English Law Approach
c) United States Approach
International criminal law
Corporate Punishment: Kenya versus other Jurisdictions
Theories/doctrines of corporate punishment
Is it possible to punish corporates, and if not, how then should it be made possible?
To what extent is corporate punishment in Kenya effective?
Finding of comparative study on USA, UK and Kenya
Possible Recommendations
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