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{
    "id": 1133633,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1133633/?format=api",
    "text_counter": 745,
    "type": "speech",
    "speaker_name": "Garissa Township, JP",
    "speaker_title": "Hon. Aden Duale",
    "speaker": {
        "id": 15,
        "legal_name": "Aden Bare Duale",
        "slug": "aden-duale"
    },
    "content": "Finally, Article 50(4) of the Constitution on the right to fair hearing provides that evidence obtained in a manner that violates any right or freedom in the Bill of Rights shall be excluded. The obligation to report suspicious transactions by advocates, to the extent that it violates Articles 31, 48, 49 and 50, means the Bill fails as such evidence cannot be admissible. The Bill of Rights forms the basic structure of our Constitution. This House should not participate in considering a Bill that has the effect of negating, in a blatant manner, very fundamental human rights protected by the Constitution. World over, it is common practice and general principle that advocate-client relationships are privileged and any ensuing communication is confidential. I want to urge this House: Today you might think it is about advocates. One of the basic principles that those who fought for the Constitution pursued was for Kenyans to enjoy their privacy and freedoms. That is why the Bill of Rights is so fundamental. It is the pillar that holds our Constitution. It is an eternal chapter. This is the third time this matter is being pushed. I read through the Bill. What we want to do this afternoon does not happen in democracies similar to ours, like the US and Canada. Supreme courts of many countries have annulled similar provisions. No country, however powerful it is, can dictate to us. Everything we do in this country must be within our own Constitution. We cannot operate outside the Constitution. As a former Leader of the Majority Party, I remember this matter was included in the Finance Bill of 2019. It was included in the Statute Laws (Miscellaneous Amendments) Bill of last year. The Speaker made a communication. I do not know why this poison cannot leave the corridors of Parliament. Who is interested in it? The Central Bank of Kenya (CBK), the Financial Reporting Centre (FCC), the Assets Recovery Authority (ARA) and all private financial institutions can in a minute, with the touch of a button, detect, monitor and flag any proceeds of crime, whether it is from narcotics, terrorism financing, money laundering or stealing. The other day I saw a young lady ran to Germany after her account was credited with over Ksh120 million. It is very easy. That is why you cannot withdraw or deposit Ksh1 million without providing justification. This House will be remembered like before. And you will be remembered. We should not allow this House to negate the rights and freedoms given to us by many people who sacrificed their lives in the attainment of the Constitution. Hon. Temporary Deputy Speaker, I seek your guidance on the constitutionality of the Proceeds of Crime and Anti-Money Laundering (Amendment) Bill. I ask you to rise to the occasion, just like the substantive Speaker has done. You should direct that we cannot discuss this Bill until you make a ruling. You listen to us. We are not speaking street propaganda. And the Leader of the Majority Party cannot rush me. You cannot tell me to wind up. You are talking to the wrong person, my friend. I can continue talking. The only person who can stop me is the Speaker or the clock. I am not under you. You are the one who said the House would sit up to 9.00 p.m. So, why are you in a hurry? Relax. We represent people. Hon. Temporary Deputy Speaker, I want you to make a communication just like the substantive Speaker has done, so that those of us who want to write memoirs make your ruling a part of them. I urge you to rule that these amendments touch on the Bill of Rights and must be dropped for the Bill to proceed."
}