Parliament passes Anti-Money Laundering Laws Bill, proposes to amend Sacco Act

The National Assembly has passed the Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill, 2025.

The bill will see amendment of the Sacco Societies Act (Cap. 490B), empowering the Sacco Societies Regulatory Authority (SASRA) in regulating the Saccos, the societies have mobilized deposits of members to the tune of more than ksh 1 trillion.

The bill seeks to address technical shortcomings in Kenya’s legal framework. It was sponsored by the Leader of the Majority Party Kimani Ichung’wah and underwent its first reading in the House on Tuesday, March 4th, 2025,

Finance and Planning Committee Chair Kuria Kimani, emphasized the urgency of passing the Bill to avoid economic isolation.

Kimani who was speaking during the debate on Tuesday said Kenya is currently on the Financial Action Task Force (FATF) grey list due to its non-compliance with international standards.

“Kenya is currently on the Financial Action Task Force (FATF) grey list. Unless we act with urgency, the consequences could be severe and long-lasting,” said Kuria.

Kuria said one of the amendments he will propose to include virtual assets and crypto currencies under anti-terrorism scrutiny.

The MP cited the rise of unregulated digital assets and financial services like betting and Saccos.

This new legislation seeks to align the country’s laws with these global benchmarks on anti-money laundering, counter-terrorism financing, and proliferation financing.

The Bill is proposing amendments to the Sacco Societies Act (Cap. 490B) by empowering the Sacco Societies Regulatory Authority to regulate and supervise bodies under its purview for anti-money laundering, counter financing of terrorism and counter proliferation financing.

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SACCOs in Kenya held a total of Sh1.047 trillion in member deposits as by the year 2023.

The Bill has also amendments to ten existing Acts of Parliament relating to anti-money laundering, combating of financing of terrorism and proliferation acts.

The Proceeds of Crime and Anti-Money Laundering Act (Cap. 59A): This amendment seeks to appoint a Director General as the head of the Asset Recovery Agency, aligning it with other investigative bodies.

It also aims to define dealers in precious metals or stones as designated non-financial businesses, placing them under the regulatory and supervisory purview of the Financial Reporting Centre.

The Prevention of Terrorism Act (Cap. 59B): This amendment defines “terrorism financing,” explicitly including the collection or provision of funds, property, and services for terrorist acts, as well as the financing of travel for terrorism purposes as offenses.

The Betting, Lotteries and Gaming Act (Cap. 131): The Bill seeks to empower the Betting Control and Licensing Board to regulate and supervise entities within its jurisdiction for anti-money laundering, counter-terrorism financing, and counter-proliferation financing.

The Retirement Benefits Act (Cap. 197): Amendments aim to strengthen the mandate of the Retirement Benefit Authority to regulate, supervise, and enforce compliance among entities under its watch in the fight against money laundering, terrorism financing, and proliferation financing.

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The Mining Act (Cap. 306): The Director of Mining will be empowered to regulate, supervise, and enforce compliance with anti-money laundering, counter-terrorism financing, and counter-proliferation financing measures within the mining sector.

The bill also empowers the Accountants Act (Cap. 531) by empowering the Institute of Accountants, the Estate Agents Act (Cap. 533) empowering the Estate Agents Registration Board, the Institute of Certified Public Secretaries Act, the Certified Public Secretaries of Kenya Act (Cap. 534), and the Public Benefits Organizations Act (No. 18 of 2013) by empowering the Public Benefits Regulatory Authority to oversee and monitor public benefit organizations that are at risk of terrorism financing in Kenya

Kenya will move a step closer to being removed from the FATF grey list, if the new amendments are adopted, the grey list area affects the country’s international financial reputation and investor confidence.

By Obegi Malack

obegimalack@gmail.com

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