Move towards a new paradigm of corporate criminal liability in Kenya

Abstract

The study advances the evolution of the existing model of corporate criminal liability, away from identification model towards a case for the direct model of liability via corporate culture in deterring corporate crime. The study takes an in-depth look at the traditional models of corporate criminal liability with a focus on the identification model and pinpoints their shortfalls. In addition, it analyses the challenges of establishing corporate mens rea and the challenge of the corporation lacking a physical form, thus limiting available sanctions upon establishing liability. The study goes further to analyze the Kenyan situation pointing out the challenges that hold back the successful implementation of corporate criminal liability. Lastly, the study looks at the Australian criminal code, the UK and the United States legislation with regards to corporate criminal liability and identifies the mechanism that make it successful in combating corporate crime