Lawyer Peter Wanyama. Photo: Courtesy
A fresh dispute has emerged within the legal profession after lawyer Peter Wanyama warned that the Law Society of Kenya’s (LSK) new Anti-Money Laundering (AML) guidelines could undermine advocate-client confidentiality.
In a statement posted on X, Wanyama said the guidelines place lawyers at the centre of government reporting obligations, describing the move as a serious threat to legal practice.
He argued that the AML framework, as currently structured, risks eroding the professional independence of advocates.
The lawyer noted that the law now designates advocates as reporting agents on AML matters, a role LSK has intensified following pressure from the government.
He confirmed that LSK recently issued fresh AML guidelines to guide members on compliance.
Wanyama, who has previously represented LSK in AML policy discussions, said he was involved in drafting a detailed affidavit outlining protections and exceptions for advocates.
However, he said the new guidelines were released without his review, despite his prior involvement in the process.
After examining the document, Wanyama identified what he termed as two critical gaps.
He said the guidelines fail to adequately protect advocate-client confidentiality, adding that the approach appears tilted in favour of the government rather than legal practitioners.
He also questioned the safety of information submitted under the AML framework, raising concerns about the security of LSK’s new electronic reporting system.
Kenya’s AML laws require professionals to report suspicious financial activities as part of efforts to curb money laundering and terrorism financing.
Lawyers have, however, repeatedly raised concerns about how these obligations interact with constitutional and professional duties of confidentiality.
Wanyama, who is seeking election as LSK president, said renegotiating AML obligations with the government would be a priority if elected.
He further urged advocates to proceed cautiously, advising colleagues to delay compliance where client confidentiality could be compromised.