This archive report was first published on 19 September 2019.
On September 19, 2019, a heated debate erupted in Kenya's National Assembly over a proposed law that would require lawyers to disclose their clients' financial dealings.
The Finance Bill, 2019, currently under consideration, aims to raise Sh30 billion to finance the Sh3.02 trillion budget for the current financial year.
However, lawmakers who are also lawyers have strongly opposed the plan, arguing that it would violate the advocate-client confidentiality rule and make it difficult for them to practice law in the country.
MP George Murugara (Tharaka) raised the issue, stating that the move would make lawyers 'special agents of detectives' by revealing their clients' details.
He was supported by Otiende Amollo (Rarieda) and nominated MP Jennifer Shamalla, who noted that the provision violates the Constitution, the Advocates Act, Law Society of Kenya (LSK) Act, and the Evidence Act.
Senior Counsel Prof Tom Ojienda was the first to blow the whistle on the 'offensive clause,' saying that the reporting obligation already lies with financial institutions.
Despite the opposition, Leader of Minority John Mbadi (Suba South) proposed that the amendment be withdrawn and brought as a substantive bill to allow members to dispense with the Finance Bill.
