Highlights on Laws Prohibiting Illicit Trade

by National Council on Administration of Justice (NCAJ)

Illicit trade is a global phenomenon. Despite the numerous legislative and regulatory efforts to streamline trade in Kenya, the plague of illicit trade has continued to thrive in this country. The existence of various laws to curb the vice has not done much to stop illicit trade in Kenya as such crimes have been treated in the past as victimless crimes with law enforcers dismissing such cases as petty crimes. As a result of this misunderstanding, the perpetrators of this vice continue to freely enrich themselves while on the other hand exposes the innocent and ignorant consumers to severe health and safety hazards. What remains to be done then is the establishment of a strict and comprehensive system of edging out the vice in the economy.

Illicit trade undermines the concept of a free and open marketplace which is fundamental to improving competitiveness, increasing investment, generating jobs and improving the economic situation (Vision 2030) not only in Kenya but also in all the EAC partner states collectively.

Illicit trade, in its varying forms, poses a huge problem in Kenya. The financial loses it occasions have affected the private sector where investments in new business have decreased due to an increase in the costs of doing business. These loses have also touched the public sector as illicit trade has enabled the evasion of payment of huge amounts of taxes with each passing financial year. Incidences of illicit trade have accompanied the stifling of new innovators and creators who are afraid that they would not benefit from their intellectual property. Due to illicit trade, Kenya’s renowned parks, along with their protected flaura and fauna, are being diminished at alarming rates. Last but not least, lives have been and continue to be lost as a result of use of or consumption of illicit goods and pharmaceuticals.

Download Enforcement Manual to Combat Illicit Trade in Kenya in PDF (4.6MB)