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The conflict between anti-money laundering reporting obligations and the doctrine of confidentiality for legal practitioners in Kenya

Njaramba E. Gichuki (School of Law, University of Nairobi, Nairobi, Kenya and Wanyaga and Njaramba Advocates, Nairobi, Kenya)

Journal of Money Laundering Control

ISSN: 1368-5201

Article publication date: 6 July 2020

Issue publication date: 31 July 2021

266

Abstract

Purpose

The purpose of this paper is to assess the balance between anti-money laundering reporting obligations and the doctrine of advocate–client confidentiality for legal practitioners.

Design/methodology/approach

The methodology adopted for this research is secondary research and analysis.

Findings

The doctrine of confidentiality between advocates and clients and reporting obligations under the anti-money laundering regime are relevant issues today more than ever. The equitable doctrine of confidentiality seeks to protect confidential information provided by one party to another in circumstances that import an obligation not to disclose that information or to use it for unauthorised purposes. The Constitution guarantees fair trial. Money laundering is a menace that should be fought from all fronts. Self-regulation is the best bet to address money laundering for legal practitioners.

Originality/value

This paper is the work of the author and has not been submitted for publication elsewhere.

Keywords

Citation

Gichuki, N.E. (2021), "The conflict between anti-money laundering reporting obligations and the doctrine of confidentiality for legal practitioners in Kenya", Journal of Money Laundering Control, Vol. 24 No. 3, pp. 607-620. https://doi.org/10.1108/JMLC-05-2020-0055

Publisher

:

Emerald Publishing Limited

Copyright © 2020, Emerald Publishing Limited

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