University of Dar es Salaam School of Law

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Browsing University of Dar es Salaam School of Law by Author "Materu, Sosteness Francis"

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    Fighting Money Laundering through Criminal Prosecution in Tanzania: A Critical Comment on Specific Aspects of the Law and Practice
    (Dar es Salaam University Press, 2018-02) Materu, Sosteness Francis
    This article discusses criminal prosecution as an anti-money laundering tool n Tanzania. It starts by introducing money laundering as a legal concept and outlining the elements of the crime as provided for in the relevant provisions of the national anti-money laundering legislation. The article identifies and analyses the status of domestic substantive law and jurisprudence on money laundering as a crime. This includes the manner in which courts have approached issues arising in money laundering, including trends and attitude relating to the crime., as well as emerging practical issues relating to money laundering proceedings. The articles further discusses two general prosecutorial approaches to charging money laundering and their potential in achieving retribution and deterrence, the two general purposes of criminal prosecution. The article shows, inter alia, that there are legal and knowledge gaps that must be addressed if criminal prosecution is to be a more efficient anti-money laundering tool. It also finds that so far there is no significant domestic substantive jurisprudence on money laundering as a crime. In addition, the article critiques the statutory provision that expressly makes, among others, the offence of money laundering non-bailable. Specific legislative reforms are recommended in this regard with a view to effectively addressing the fear that money laundering charges are being used as new means of justifying preventive detention.
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    The Legal, Practical and Policy Dilemmas in Enforcing the Sexual Offences Act of Kenya in Relation to Consensual Adolescent Sex
    (Cambridge University Press, 2021-07-08) Njue, Festus; Materu, Sosteness Francis
    This article analyses the dilemmas encountered in enforcing the Kenyan law on defilement, focusing specifically on consensual sex between adolescents. It argues that, although punishing adults who have sex with minors is clearly justified, punishment cannot be justified in the case of minors who engage in “experimental” sex with each other. It challenges the current legal regime that allows only one minor (male) to be charged, and not the other (female), noting that neither of the mutual participants would feel vindicated by punishing the other. Similarly, it shows that charging both participants also poses legal and policy challenges. Consequently, it argues that charging adolescents for defilement when they have consensual sex with each other goes against the very policy that informed the adoption of the anti-defilement provisions. The article recommends that Kenya's legislation is reformed to create a legal regime that protects juveniles from sexual violation without victimizing them.