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{
    "id": 1278786,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1278786/?format=api",
    "text_counter": 187,
    "type": "speech",
    "speaker_name": "Tharaka, UDA",
    "speaker_title": "Hon. George Murugara",
    "speaker": null,
    "content": "Countries) Act (Cap.77) of the laws of Kenya. These deal with what happens when a fugitive or a lawbreaker is arrested and has to be extradited to a country for trial. It could be here in Kenya or out of Kenya, where the trial process is to be conducted. It is important to note that we are now introducing the element of informed consent so that if this becomes necessary and the person agrees to be extradited, he may consent to it. However, that consent must be informed, and we must protect the law and the person's human rights. A person should not be coerced or subjected to undue influence. They should not be under duress and made to sign papers to consent to extradition. So, one has to consent properly. We also have the State Corporations Act, which touches on the Financial Reporting Centre (FRC) and how it has to be managed. It is so that it can efficiently deliver its services under the standards of Transparency International and the Financial Action Task Force (FATF), which we have subscribed to. There are other laws, including the Ethics and Anti-Corruption Commission Act, where we propose to empower the Commission to gain access to relevant information. While it retains the power to gain access to information, we have the Data Protection Act, which must protect every citizen regarding what information the EACC has to access. This is why we have said agencies may give that information. We have not said agencies shall provide that information because we know there are limitations set up by the law which must be respected. There was then the elephant in the room, which was about professionals. Accountants and the rest of the professionals have had no problem with reporting, being reporting agencies of money laundering and other activities. The advocates had a problem because the law was passed sometime last year, but they rushed to court and obtained some interim orders which stopped them from being reporting agencies. That case has been pending in court for a long time. It is not an area we would have delved into because of the sub judice rule. Fortunately, there appears to have been an agreement among the parties: the Law Society of Kenya (LSK), the Attorney-General, and FRC. They came up with consent and gave the Committees a joint memorandum regarding the resolution of the matter. The three parties have now agreed that the reporting agency will not be individual advocates; it will be the LSK. It is a self-regulating entity and regulates the practice of advocates in the country. It will report to FRC incidents which appear to be money laundering, terrorism, or gains from economic crimes. The advocates will report those suspicious circumstances to the Law Society of Kenya, which will then report to the Centre. It is expected that the Centre will be able to investigate upon consent of the Law Society of Kenya. Therefore, we do not anticipate any problems that may come along. In the two Reports, we have included schedules of proposed amendments, and this will come up when we go to the Committee of the Whole House, where we will consider this Bill, clause by clause and proposal by proposal. The proposals by LSK, the Attorney-General and FRC will be considered in entirety. We will see whether we do not have any room for anyone to use the professional secrecy and the confidentiality rule, which is what advocates use when they want to decline to give information. I believe this is a good proposal. This is a good proposed law, and it is good for the country as we move along. May it please you. Hon. Temporary Speaker, with those remarks, I beg to move and call upon the Leader of the Majority Party, Hon. Kimani Ichung'wah, to second. The roles are reversed today. Hon. Ichung'wah to second."
}