Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1133608,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1133608/?format=api",
    "text_counter": 720,
    "type": "speech",
    "speaker_name": "Tharaka, DP",
    "speaker_title": "Hon. George Gitonga",
    "speaker": {
        "id": 13491,
        "legal_name": "George Gitonga Murugara",
        "slug": "george-gitonga-murugara"
    },
    "content": " Hon. Temporary Deputy Speaker, if we proceed to debate on Bills that are unconstitutional, we risk having laws that are made by this House struck out and declared null and void by the courts. We cannot lead ourselves into this. May I rise under the Standing Order No. 1 so that I ask, from the Speaker’s Chair, a direction and a ruling regarding this Bill? I have gone through the Bill and I am of the opinion that there are clauses proposed to be introduced as amendments that are unconstitutional. I, therefore, seek a ruling regarding those clauses. Allow me to kindly point out the clauses which I seek to impugn in the Bill. These are clauses in the Bill which seek to amend certain sections of the Act. The Bill we are discussing and seeking to have some clauses impugned is the Proceeds of Crime and Anti-Money Laundering (Amendment) Bill (National Assembly Bill No. 39 of 2021). The clauses that have unconstitutional provisions are Clauses 2 and 9 of the Bill. Clause 2 proposes to amend Section 2 of the principal Act, while Clause 9 proposes to amend Section 48 of the principal Act. The purport of the amendment is to introduce advocates, notaries and other independent legal professionals who are sole practitioners, partners or employees within professional firms to become designated non-financial businesses or professions that are obligated to report money laundering and related activities, including what would be termed as proceeds of crime estates. By dint of these two provisions, therefore, advocates join accountants only. This is because, under those two clauses, the advocates are coming after accountants to be reporting persons relating to crimes under the principal Act. In my own estimation, there is unconstitutionality in these particular provisions. First, the proposed amendments have not borne in mind; the fact that advocates and their practice are regulated by the Advocates Act. What is being proposed here may not be in consonance with what The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}