This archive report was first published on 19 September 2019.
Kenyan lawmakers have expressed opposition to a government proposal that would require lawyers to disclose their clients' financial dealings, sparking a heated debate in the National Assembly.
The proposal, contained in the Finance Bill 2019, aims to raise Sh30 billion to finance the Sh3.02 trillion budget for the current financial year.
However, lawyers in the House and outside have raised concerns that the move would violate the advocate-client confidentiality rule and make it difficult for them to practice law in the country.
MP George Murugara (Tharaka) said passing the bill in its current form would make lawyers 'special agents of detectives' by revealing their clients' details.
He added that the provision was 'unprocedural' and that the advocate-client confidentiality rule would be violated.
MP Otiende Amollo (Rarieda) also opposed the proposal, saying it should be withdrawn altogether to pave the way for a considered ruling by the Speaker.
Senior Counsel Prof Tom Ojienda was the first to raise concerns about the proposal, saying that the reporting obligation already lies with financial institutions.
He warned that revealing the financial dealings of clients would expose practicing lawyers to danger.
Despite the opposition, Minority Whip Junet Mohammed (Suna East) supported the provision, saying that lawyers must be made to disclose the money they hold for their clients who might be suspects of crimes.
