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{
    "id": 1133719,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1133719/?format=api",
    "text_counter": 831,
    "type": "speech",
    "speaker_name": "Kipipiri, JP",
    "speaker_title": "Hon. Amos Kimunya",
    "speaker": {
        "id": 174,
        "legal_name": "Amos Muhinga Kimunya",
        "slug": "amos-kimunya"
    },
    "content": "All other countries have done it within the Eastern and Southern Africa, except Kenya and Somalia. Surely, we must rise above Somalia, criminals and “wash wash” generation, protect the good lawyers and give Kenya legitimate business people. I am proud as an accountant that we took the bold step and said that as accountants, there will be no money moving anywhere where an accountant has not been involved. We said we will be part of the reporting. So, even where a lawyer will fear, an accountant will have reported the transaction, anyway. The bank and the estate agent given money for purchase of a house will have reported. However, the innocent lawyer who would have held the money will soon be deemed to have held proceeds of crime and money laundering. Hon. Speaker, I do not want to talk about client-advocate confidentiality. We know that that has been canvassed. This law is not cast in stone. We are debating the Second Reading. Let people canvass the issues they want to be considered in the Third Reading. We will be sitting here as a House and we will look at each and every of those clauses and see which ones we can amend and which ones we can live with. When we do that, we will collectively, as a House, and not as a Departmental Committee on Finance and National Planning or myself as the Mover, pass a law and it will be an Act of Parliament that has been enacted collectively by the Parliament of Kenya that has 349 Members. So, people should not fear. Just because they are the minority and they will not carry the day, they want to forestall the Bill like what some people did with the BBI Bill. It was passed by 5 million Kenyans and when they realised they could lose in the referendum, they went to court to meet certain judges. I am glad that you made the decision to allow this debate to proceed so that this August House that is constitutionally empowered to legislate can make a decision on behalf of the people of Kenya. On other critical aspects, the Bill is clear. We have dwelt so much about lawyers but the Bill also addresses giving of power to the Assets Recovery Agency to have its own standing. Right now, we have the Ethics and Anti-Corruption Commission (EACC) and the Director of Criminal Investigations (DCI) doing investigations, the Director of Public Prosecutions (DPP) doing prosecution and the courts that decide whether one is guilty or not. We also have an Asset Recovery Agency hanging somewhere in the Office of the Attorney General. It is doing a great job in terms of recovering money. Crime should not pay. We have a tendency in this country of people saying they can steal billions because they will be fined Kshs100 million which they will use part of the billions to pay and go and enjoy the rest forever. The world has moved. No person should benefit from crime. It is a fundamental issue in law. That, you cannot benefit from your own mischief. This has been happening in Kenya. So, the Assets Recovery Agency will now have more power to intercept some of those assets and hold them until a decision is made. We are also giving it legal teeth so that it has investigators, prosecutors and adjudicators. When you are guilty, you will be 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."
}