Sometimes, the impact of crimes crosses national borders.
When vices such as human trafficking, drugs peddling, minerals smuggling or counterfeit goods trading occur, more than one country’s jurisdiction may be at play.
Does this cause judicial officers some headaches? You bet it does.
That is why in October of this year, judges and judicial officers from around 30 African countries will congregate in Kenya.
In partnership with the United States Justice Department, the Kenya Judiciary Academy is set to host a regional dialogue on transnational organised crime.
This was confirmed by Kenya’s Chief Justice, Lady Justice Martha Koome on her twitter account on May 16.
CJ Koome said that this dialogue will allow participants to share their experiences as regards adjudicating transnational crimes.
“The judiciary recognises the threat posed by transnational terrorism and violent extremism to Kenya’s national security and constitutional order and indeed wider ramification to the whole globe,” tweeted CJ Koome.
2. On behalf of the Kenya Judiciary and justice actors under the auspices of the @NCAJ_KE, I express our appreciation for the @StateINL support in strengthening the rule of law and access to justice in Kenya, especially in the areas of counter-terrorism and serious crimes. pic.twitter.com/pjNmAuIluq
— Hon. Justice Martha K. Koome, EGH (@CJMarthaKoome) May 16, 2023
Kenya’s CJ had on May 15 met with Kenneth Polite Jr, the Assistant Attorney General, Criminal Division, the US Department of Justice.
CJ Koome also held bilateral talks with Kevan Higgins, the Director for International Narcotics and Law Enforcement Affairs, US State Department.
The talks, according to CJ Koome, were aimed at enhancing collaboration between the US and Kenya, and were on the sidelines of the Africa Regional Colloquium on ‘Enhancing The Delivery of Justice by Addressing Pretrial Detention Challenges.’
In June of 2022, Kenya’s Judiciary and the US Justice Department collaborated on the Africa Regional Symposium on Women in Security.
Crimes beyond borders
According to Oxford Bibliographies, a transnational crime is a violation of law that involve more than one country in its planning, execution, or impact.
“These offenses are distinguished from other crimes in their multinational nature, which poses unique problems in understanding their causes, developing prevention strategies, and in mounting effective adjudication procedures,” says the Oxford Bibliographies.
Crimes of a transnational nature are usually grouped into broad categories, either being
a) provision of illicit goods
b) provision of illicit services
c) infiltration of business and government.
Provision of illicit goods vices include drug trafficking, trafficking in stolen property, weapons trafficking and counterfeiting.
Commercial sex and human trafficking are examples of provision of illicit services, while crimes such as fraud and money laundering fall into the third broad category of transnational crimes.