This archive report was first published on 21 August 2019.
Lawyers in Kenya have rejected a proposal to amend the law to compel them to disclose details about their clients' financial transactions. The proposal, part of the Finance Bill 2019, seeks to amend sections of the Proceeds of Crime and Anti-Money Laundering Act to require lawyers to file reports on any cash they handle.
LSK President Allen Waiyaki and lawyer Tom Ojienda appeared before MPs as legislators started public hearings on the Bill. They argued that the proposal would substantially affect the practice of law, rule of law, and administration of justice.
According to a memo signed by Mr. Waiyaki, the legislative proposals impact several legal principles, practices, and laws, including confidentiality, the role of lawyers, constitutional rights, evidentiary rules, criminal law principles, and procedures.
Prof. Ojienda, in a 13-page petition to MPs, wants the Bill withdrawn, citing concerns that its passage would transform lawyers into investigators. He argues that advocates are not agents or officers of the Director of Criminal Investigations and the Inspector General of Police.
However, FRC Director General Saitoti Maika defended the amendments, stating that they are based on vulnerabilities identified from a money laundering and terrorism financing risk assessment of the legal profession. He noted that law firms have been implicated in various scandals, including the NYS and Nairobi County Government cases.
