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{
    "id": 1133613,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1133613/?format=api",
    "text_counter": 725,
    "type": "speech",
    "speaker_name": "Tharaka, DP",
    "speaker_title": "Hon. George Gitonga",
    "speaker": {
        "id": 13491,
        "legal_name": "George Gitonga Murugara",
        "slug": "george-gitonga-murugara"
    },
    "content": "The only one that is there is accountants, if you have read the Bill. Secondly, to single out advocates and accountants, the status of these is reduced when viewed against the other professions. By singling out these two professions, the State is actually discriminating directly against them on the basis of their profession solely, contrary to Article 27(4) of the Constitution. I know the Speaker of this House is a guru in constitutional matters. He is actually backed by the Speaker’s Panel which is composed of lawyers who are also of the highest standing. Therefore, allow me to invite you, the Temporary Deputy Speaker and the substantive Speaker, to also consider the following: One, what is the effect of the proposed amendments to the cardinal legal principle of advocate-client confidentiality vis-à-vis what we are proposing? Two, what is the effect of the fiduciary relationship between an advocate and a client as the foundation and pillar of the legal profession practiced worldwide, and Kenya in particular? The reason why I say so is this; this Bill is being introduced by the Departmental Committee on Finance and National Planning, but the Departmental Committee on Justice and Legal Affairs was actually invited to Mombasa where the Treasury made some presentations on this Bill. When we pointed out the unconstitutionality of this Bill, the answer we got from the Treasury was that there was pressure from certain quarters that we must pass this Bill within a given period of time. The question we ask is this: Which pressure is that and who is exerting it, on what basis and, most importantly, to an independent country? This is because, previously, we had made fundamental mistakes in our laws by listening to people who were putting pressure on us. Such people are now telling us to pass a law that is unconstitutional. To that, I urge this House to reject absolutely so that we now get a ruling. We are seeking a ruling from the Speaker which, in particular, should tell us whether this Bill is within or out of the Constitution because it is fundamental that before we proceed, we are accordingly guided. Thank you."
}