Anti-money-laundering Bill: Kajwang urges MPs to reject proposed law forcing lawyers to snitch on clients

Ruaraka Member of Parliament Tom Kajwang’ has called on his fellow legislators to reject the draft Anti-Money Laundering and Combating of Terrorism Financing Laws (Amendment) Bill, 2023.

The Bill seeks to give the Financial Reporting Centre (FRC) power to impose sanctions for violations of the proceeds of crime.

The Bill further aligns the reporting requirement by making Reporting Institutions report suspicious transactions promptly upon forming the suspicion.

Kajwang’ argues that the bill will interfere with lawyer-client confidentiality. 

“This Bill is allowing some third parties to encroach on the fidelity of advocate-client relationships, on the fiduciary relationship amongst the accountants. And it is not just the accountants and the lawyers, all of you must be having some lawyer somewhere. All of you must be taking confidence in lawyers. If this Bill is passed will allow people to intrude in your accounts and will allow people to know what you are discussing with your lawyer”

Law Society of Kenya (LSK) President Eric Theuri however over the weekend told lawyers that they would not be forced to report clients they suspect of involvement in suspicious financial transactions to the Financial Reporting Centre (FRC).

Instead, Mr Theuri said the LSK would be designated as a self-regulatory body on anti-money laundering issues, with members reporting to the society rather than to any government body, including the FRC.

According to LSK, the proposal is to amend the Proceeds of Crime and Anti-Money Laundering Act 2009 and remove the provisions designating solicitors as reporting bodies (to the FRC) as per the amendments made in 2021.

The LSK says it will be designated as a self-regulatory body under the Act, in line with international standards to protect client-lawyer privilege and safeguard all information received from clients.

“The central reporting point is the LSK and not a government regulatory body,” Mr Theuri said, adding that there was a need to protect the practice of law and the only way to do so was through self-regulation.

The bill also raises the cash transaction reporting threshold from $10,000 to $15,000, and provides for the requirement for companies to keep a register of beneficial owners.

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