Access to Domestic Law Enforcement
Kenya commits to ensuring that international and domestic law enforcement agencies have full and effective access to beneficial ownership information for companies and other legal entities registered within their jurisdiction.
Country: Kenya
Status: ongoing
Themes: Beneficial ownership
Last updated: December 2020
Classification:
Concrete: Concrete | New: Not New | Ambitious: Not Ambitious
Beneficial Ownership reform in Africa: analysing progress in Ghana, Kenya, and Nigeria
The Companies (Beneficial Ownership Information) Regulation 2020
ENHANCING SYNERGIES: THE MULTI-AGENCY EXPERIENCE IN FIGHTING CORRUPTION IN KENYA
The Multi-Agency Team (MAT) framework - See sec 2.2
The Multi-Agency Team Partners With NIAca For Executive Training Course
The Companies Regulations 2019
The Companies Amendment Act 2017
More information on the 2017 Companies Amendment Act
The regulations have been adopted and Business Registration Service is in the process of finalizing the registry to kick-start collection of beneficial ownership data. As of 13th October 2020, the Business Registration Service started collecting Beneficial Ownership information. There is the Multi Agency Team made up of different law enforcement agencies with the capacity to incorporate ad hoc members on need basis. This is a loose framework that works well despite not being formal. The reports available for this team are only accessible by members,and the information available that are related to 2019.
Ghana and Kenya recently launched Africa’s newest online central beneficial ownership (BO) registers in October of this year.
Updated: October 31, 2020
The provision is contained in the The Companies (Beneficial Ownership Information)Regulations, 2020, gazetted in Feb 2020. Competent Authorities will have full access to Beneficial Ownership Information.
Updated: April 30, 2020
This provision is contained in the The Companies (Beneficial Ownership Information) Regulations, 2019.
Updated: October 30, 2019
The regulations that guide the development of the register are currently undergoing public review . The register is set to be accessed at varying degrees by citizens and Law enforcement agencies
Updated: May 30, 2019
The drafting of the regulations has opened up a discussion regarding who gets to access the information in the database - stakeholder validation discussions.
Updated: October 30, 2018
The Companies Amendment Act 2017 requires companies to disclose names and addresses of Beneficial Owners. Additionally the Business Registration Service has since designed the forms that Companies will use to collect information on beneficial owners . The forms are however yet to be Gazetted.
Updated: June 30, 2018