Countering Terrorism Financing in Kenya: An Abortive Endeavour?

Abstract

The Kenyan Citizenry continues to bear the brunt of terror attacks thus far. The notoriety and callousness of the actions of Al-Shabaab on Kenyan soil has wreaked incalculable havoc. To curb the Al-Shabaab menace, it becomes imperative to forestall its financial capabilities. This research therefore aims to unravel the reasons why despite regulatory and structural framework criminalising Terrorism financing in Kenya, the Al-Shabaab militia continues to thrive. The research is premised on doctrinal legal research and particularly library based research as well as desktop research. To determine if the current Laws address Al-Shabaab’s sources of funding, the research analyses the various sources that the militia utilises to finance its activities. The study finds that Al-Shabaab employs both licit and illicit sources to finance its activities. The study further analyses the various Laws in Kenya that criminalise Terrorism Financing. This study finds that the Counter Terrorism Financing Laws are adequate but implementation thereof is wanting. The poor implementation is due to a myriad of reasons including but not limited to: Corruption, Lack of adequate financial resources, lack of political will and lack of capacity. The research thus proffers several recommendations in a bid to ameliorate the implementation of the Counter Terrorism Financing Laws. These include: A robust fight against corruption, improved security at the borders, Enhance capacity of stakeholders mandated with fighting terrorism financing, Sensitise the citizenry on the dire consequences of terrorism financing and allocation of adequate financial resources towards the fight against terrorism financing. This research has therefore suggested the areas that must be bolstered as well as ameliorated to enable better implementation of Counter Terrorism Financing Laws which will ultimately culminate in an effective and efficient fight against terrorism.