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    "id": 1135145,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1135145/?format=api",
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    "content": "The Member for Nyandarua, forget about logging in. You do not need to. We are not using that gadget too much now. Hon. Members, the final concern raised was whether the proposed amendments in Clauses 2 and 9 of the Bill erode the legal principle of advocate-client confidentiality. On this question, I wish to single out the following as explained by some of the Members who spoke on this matter: (i) That, the said principle of advocate-client confidentiality is not founded in the Constitution of Kenya or any other statute thereof, rather, it is based on the legal practice. (ii) That, even if it were, it would ordinarily play second-fiddle to Article 10(2)(c) of the Constitution which elevates the principles and values of good governance, integrity, transparency and accountability to an inviolable status. It is, therefore, inconceivable that legislating in the manner proposed in the Bill would cause the principle to be violated unduly. I do note that the Proceeds of Crime and Anti-Money Laundering Act, 2009, is an Act of Parliament passed by this House. In passing the Act, this House took cognizance of the advocate-client relationship and included it in Section 18 of the Act. For the avoidance of doubt, it provides as follows, and I quote: The Clause’s header reads: Client advocate relationship. “(1) Notwithstanding the provisions of section 17, that is, secrecy obligations overridden, nothing in this Act shall affect or be deemed to affect the relationship between an advocate and his client with regard to communication of privileged information between the advocate and the client. (2) The provisions of subsection (1) shall only apply in connection with the giving of advice to the client in the course and for purposes of the professional employment of the advocate or in connection and for the purpose of any legal proceedings on behalf of the client. (3) Notwithstanding any other law, a Judge of the High Court may, on application being made to him in relation to an investigation under this Act, order an advocate to disclose information available to him in respect of any transaction or dealing relating to the matter under investigation. (4) Nothing in subsection (3) shall require an advocate to comply with an order under that subsection to the extent that such compliance would be in breach of subsection (2).” So, in my view, Hon. Members, this renders the concern moot. In the event that the aggrieved Members feel that the statutory entrenchment of the principle in the Act has been affected in any way by the amendments proposed in the Bill, they remain at liberty to propose amendments to further buttress it for the consideration of the House. Indeed, pursuant to the Communication of the Special Sittings of the House and inviting the submission of any proposed amendments to the Bill, I can confirm that the Office of the Clerk is in receipt of amendments by the Leader of the Majority Party and the Chairperson of the Departmental Committee on Finance and National Planning. These, I believe, shall inform the debate on the Bill and allay the fears of the concerned Members. I wish to reiterate that the Constitution grants this House exclusive law-making powers. Towards this end, a proposal has been brought to this House under the name of the Leader of the Majority Party. The proposal accords with several directives that this House has given with regard to the manner in which the proposal should be introduced and the form that it should be in. The 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."
}