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7.4 Regulations and standards on forensic accounting
In Kenya, forensic accounting is subject to various regulations and standards. While the specific regulations and standards applicable to forensic accounting may evolve over time, here are some key guidelines and regulations that are relevant in the Kenyan context:
- The Companies Act, 2015: This legislation governs the formation, management, and financial reporting requirements for companies in Kenya. Forensic accountants may need to adhere to the provisions of this act when conducting investigations involving corporate entities.
- The Accountants Act, 2008: This act establishes the Institute of Certified Public Accountants of Kenya (ICPAK) as the professional regulatory body for accountants in Kenya. It sets out the professional and ethical standards that all certified public accountants (CPAs) in Kenya must adhere to, including those practicing forensic accounting.
- The Public Audit Act, 2015: This act provides the legal framework for the auditing of public sector entities in Kenya. Forensic accountants engaged in investigations involving public institutions or entities may need to comply with the provisions of this act.
- The Proceeds of Crime and Anti-Money Laundering Act, 2009: This legislation aims to prevent and combat money laundering and the financing of terrorism in Kenya. Forensic accountants may need to be familiar with this act when investigating financial crimes and assessing potential money laundering activities.
- International Standards on Auditing (ISA): The International Auditing and Assurance Standards Board (IAASB) sets international auditing standards, which include guidelines on forensic auditing procedures. These standards provide guidance on the conduct of audits and forensic investigations and may be referenced by forensic accountants practicing in Kenya.
- Code of Ethics for Professional Accountants: The ICPAK has established a code of ethics for professional accountants in Kenya, which outlines the ethical responsibilities and principles that members must adhere to. Forensic accountants in Kenya should follow this code to ensure professional conduct and ethical practices.
