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{
    "id": 1133615,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1133615/?format=api",
    "text_counter": 727,
    "type": "speech",
    "speaker_name": "Rarieda, ODM",
    "speaker_title": "Hon. (Dr.) Otiende Amollo",
    "speaker": {
        "id": 13465,
        "legal_name": "Paul Otiende Amollo",
        "slug": "paul-otiende-amollo"
    },
    "content": " Thank you, Hon. Temporary Deputy Speaker. I see Hon. Kaluma eyeing me badly, but I will have him know that my right to raise a point of order was actually reserved by the Speaker on 29th September 2021, when this matter first came for the First Reading. I indicated to the substantive Speaker that I had certain constitutional concerns and the Speaker directed that, before commencement of the Second Reading, we would raise them. Therefore, I join Hon. Murugara in raising constitutional issues. I will not repeat the parts that Hon. Murugara has covered. Hon. Murugara has covered Clause 9(b) and Clause 2(b), and he has cited the issue of discrimination and the legal principle of advocate-client confidentiality. I will only point out further clauses that also fall within that category. However, to cap Clause 2(b) of this amendment Bill, which proposes to include advocates as reporting agents. The first question to be asked is: Why only advocates in addition to accountants? There are many professions that receive and deal with money. If it was a question of dealing with professions, then it would have dealt with it the way the Act already deals with it now. If you look at the substantive Act in Section 2 (g), it allows the Minister’s discretion to add such other businesses or professions in which a risk of money laundering exists as the Minister may, on the advice of the Centre, declare. It is broader and it invites the possibility that there must be a demonstration. So, if then you want to focus on advocates, then you must demonstrate why it is only advocates being included. That is discrimination. It is not only discrimination of advocates, but when it comes to its own definition, it has further discrimination to advocates in two ways. It only talks of advocates, notaries and what it calls independent legal practitioners. It introduces a term not known to our law. That term is not in the Advocates Act or the Law Society of Kenya (LSK) Act. Whatever it is, we do not know what it is because it is not defined in the amendments. The term ‘independent legal practitioners’ we do not know who these are."
}