County Assemblies Powers and Privileges Act

Section 1. Short title Section This Act may be cited as the County Assemblies Powers and Privileges Act.

Section 2. Interpretation Section In this Act, unless the context otherwise requires— “Clerk” means the Clerk of a County Assembly; “committee” means a committee of a county assembly; “Committee of Powers and Privileges” means a Committee established under section 15 ; “county assembly” means a county assembly established under Article 176 of the Constitution; "county assembly service board" means a county assembly service board established under section 12 of the County Governments Act (Cap. 265); “county public officer” has the meaning assigned to it under section 2 of the County Governments Act (Cap. 265); “journal” means the minutes and the official records of the county assembly whether in audio, electronic or any other form including all papers and accounts howsoever presented to or belonging to the county assembly, or any other records of the proceedings of the county assembly; “Member” means a member of a county assembly; “member of staff” means an officer of the county assembly service board, any person acting under the orders of the Speaker or any police officer on duty within the precincts of a county assembly; “national security organ” means a national security organ sp...

Section 3. Description of precincts of a county assembly Section 3(1)(a) the chambers in which the proceedings of a county assembly are conducted including the galleries and lobbies of the chambers; Section 3(1)(b) all the parts of the buildings in which the chambers are situated including the entrances, forecourts, yards, gardens, enclosures or open spaces appurtenant thereto; Section 3(1)(c) committee rooms and other meeting places provided or used for the county assembly’s purposes; Section 3(1)(d) the offices of a county assembly including the places within such offices that are provided for the use of members, members of staff, members of the public and the press; Section 3(1)(e) places provided for the use or accommodation of the members, members of the public and representatives of the press used in connection with the proceedings of a county assembly or its committees; and Section 3(1)(f) all other buildings or parts of a building provided or used in connection with the proceedings of a county assembly or its committees while so used by the county assembly including such premises as may be leased by a county assembly. Section 3(2) Where a county assembly or a committee conv...

Section 4. Presence of an officer of a national security organ in precincts of a county assembly Section enter upon or remain in the precincts of a county assembly for the purpose of performing any function of that national security organ; or

Section 5. Access to precincts of a county assembly Section A member of the public may, subject to this Act, the Standing Orders and such orders and directions as may be issued by the Speaker, access such places within the precincts of a county assembly as may be specified.

Section 6. Service of civil process Section 6(1)(a) within the precincts of a county assembly while the county assembly is sitting; or Section 6(1)(b) through the Speaker or any officer of a county assembly unless it relates to a person employed within the precincts of a county assembly or to the attachment of a member’s salary. Section 6(2) The right of access to justice under Article 48 of the Constitution shall be limited as specified under this section for the purposes of facilitating the conduct of the business and the affairs of a county assembly.

Section 7. Assembling, demonstrating and picketing Section 7(1) The Speaker may designate areas within or outside the precincts of a county assembly where members of the public may, pursuant to Article 37 of the Constitution, assemble, demonstrate, picket or present petitions or memoranda to the county assembly. Section 7(2) Any assembling, demonstration, picketing and presentation of petitions or memoranda to a county assembly under subsection (1) shall be in accordance with such guidelines as the Speaker may issue. Section 7(3) A person who assembles, demonstrates or pickets contrary to the provisions of this section may be removed from the precincts of a county assembly on the direction of a Speaker, a duly authorized member of staff or a police officer. Section 7(4) The right of assembly, demonstration, picketing and petition under Article 37 of the Constitution shall be limited as specified under this section for the purposes of facilitating the orderly conduct of the business and affairs of a county assembly.

Section 8. Freedom of speech and debate Section No civil or criminal proceedings may be instituted in any court or tribunal against a member of a county assembly by reason of any matter said in any debate, petition, motion or other proceedings of a county assembly.

Section 9. Postponement of disqualification to enable appeal Section Where a Member is found to have contravened Article 193(2) of the Constitution, the decision shall not have effect for the purposes of Article 194(1)(g) of the Constitution until all possibility of appeal or review of the relevant decision or sentence has been exhausted.

Section 10. Proceedings not to be questioned in courts Section No proceedings or decision of a county assembly or the Committee of Powers and Privileges acting in accordance with this Act shall be questioned in any court.

Section 11. Immunity from legal proceedings Section 11(1) No civil or criminal proceedings shall be instituted against any Member for words spoken before, or written in a report to a county assembly or a Committee, or by reason of any matter or thing brought by him or her therein by a report, petition, Bill, resolution, motion or other document written to a county assembly. Section 11(2) No civil suit shall be commenced against the Speaker, the leader of the majority party, the leader of the minority party, a chairperson of a committees or any member for any act done or ordered by them in the discharge of the functions of their office. Section 11(3) The Clerk or other members of staff shall not be liable to be sued in a civil court or joined in any civil proceedings for an act done or ordered to be done in the discharge of their functions relating to proceedings of a county assembly or its committees.

Section 12. Freedom from arrest for civil debt during session Section A Member shall not be liable to arrest for a civil debt while the Member is going to, attending or returning from a sitting of a county assembly or a committee of a county assembly.

Section 13. Giving evidence of proceedings Section 13(1) No Member or member of staff, and no person employed to take minutes of evidence before a county assembly or any committee, shall give evidence in any court, tribunal or elsewhere in respect of the contents of those minutes of evidence or of the contents of any document laid before a county assembly or that committee or in respect of any proceedings or examination held before a county assembly or that committee without special leave first obtained from the county assembly. Section 13(2) The special leave referred to in subsection (1) may be granted during a recess or adjournment by a Speaker, or in the absence or other incapacity of the Speaker, the Clerk. Section 13(3)(a) the request is unreasonable in the circumstances; Section 13(3)(b) the information requested is at a deliberative stage in a county assembly or in a committee; Section 13(3)(c) there is failure to pay such fee as may be reasonably required in the circumstances; or Section 13(3)(d) the applicant fails to satisfy any confidentiality requirements by a county assembly. Section 13(4) The right of access to information under Article 35 of the Constitution shall b...

Section 14. Determination of a question arising in the county assembly on right or power of the assembly Section the right or power of a county assembly or a committee to hear, admit or receive oral evidence;

Section 15. Committee of Powers and Privileges Section 15(1)(a) the Speaker, who shall be the chairperson of the Committee; and Section 15(1)(b) such other members of the county assembly as may be provided in the Standing Orders of the county assembly. Section 15(2) The quorum of the Committee shall be a third of the members of the Committee, including the Speaker. Section 15(3) Subject to this Act and the Standing Orders of a county assembly, the Committee shall regulate its own procedure. Section 15(4)(a) inquire into the conduct of a member whose conduct is alleged to constitute a breach of privilege in terms of section 16 ; and Section 15(4)(b) perform such other functions as may be specified in this Act. Section 15(5) The Committee of Powers and Privileges shall, either of its own motion or as a result of a complaint made by any person, inquire into the conduct of a Member whose conduct is alleged to constitute a breach of privilege in terms of section 16 , within fourteen days of receipt of a complaint. Section 15(6) The Committee of Powers and Privileges shall, within fourteen days of the conclusion of an inquiry, table its findings in the relevant county assembly together w...

Section 16. Conduct constituting breach of privilege Section contravenes sections 25 , 26 (1), 27 or 29 ;

Section 17. Determination of breach of privilege Section 17(1) A county assembly shall have all the powers necessary for inquiring into and pronouncing upon any act or matter constituting breach of privilege in terms of section 16 . Section 17(2) An inquiry by a county assembly into a matter shall not preclude criminal investigation or criminal proceedings against a Member in connection with the matter concerned. Section 17(3)(a) a formal warning; Section 17(3)(b) a reprimand; Section 17(3)(c) an order to apologize to the county assembly or a person in a manner to be recommended by the Committee of Powers and Privileges; Section 17(3)(d) the withholding, for a specific period of time, of the member's right to the use or enjoyment of any specified facility provided to Members by a county assembly; Section 17(3)(e) the removal or suspension for a specified period of time of the Member from any a county assembly position occupied by the Member; Section 17(3)(f) such fine in terms of the Member's monthly salary and allowances as the House may determine; Section 17(3)(g) the suspension of the Member for such period as the House may decide, whether or not the county assembly or any of it...

Section 18. Invitation and summoning of witnesses Section 18(1) A county assembly or its committees may invite or summon any person to appear before it for the purpose of giving evidence or providing any information, paper, book, record or document in the possession or under the control of that person and, in this respect, a county assembly and its committees shall have the same powers as the High Court as specified under Article 195 of the Constitution. Section 18(2)(a) the Speaker; or Section 18(2)(b) the chairperson of a committee acting in accordance with a resolution of the committee. Section 18(3) The general form of a summons shall be as set out in the First Schedule. Section 18(4)(a) to the person mentioned in the summons; or Section 18(4)(b) at that person’s usual or last known place of residence, employment or business or left with a person who is over the age of eighteen years and who resides or is employed at that place. Section 18(5)(a) on the secretary, director or other officer authorised by the corporation; or Section 18(5)(b) by leaving it at the registered office of the corporation; Section 18(5)(b)(i) by leaving it at the registered office of the corporation; Sec...

Section 19. Examination of witnesses Section cause such witness to be examined on oath; and

Section 20. Privileges of witnesses Section 20(1) Every person who is summoned to give evidence or to produce a document before a county assembly or a committee shall be entitled to the same rights and privileges that are applicable to a witness before a court of law. Section 20(2) A person who is being examined under oath or affirmation in terms of section 19 shall be required to answer any question put to the person in connection with the subject of the inquiry and to produce any document or information that the person is requested to produce under that section despite the fact that the answer or the document would incriminate or expose the person to criminal or civil proceedings in a court of law. Section 20(3) Evidence given under oath or affirmation by a person before a county assembly or a committee shall not be used against the person in a court or other place outside the county assembly except in criminal proceedings where the person concerned stands trial on a charge of perjury or a charge contemplated under section 27 (1)(c) or (3)(g) or (h). Section 20(4) The right to fair hearing under Article 50 of the Constitution shall be limited as specified under this section for t...

Section 21. Objection to answer question or to produce papers Section 21(1) Where any person ordered to attend to give evidence or to produce any paper, book, record or document before a county assembly or a committee refuses to answer any question or to produce the paper, book, record or document on the ground that it is of a private nature and does not affect the subject of inquiry, the Speaker may excuse the answering of the question or the production of the paper, book, record or document, or may order the answering or production thereof. Section 21(2) Where any person ordered to attend or to give evidence or to produce any paper, book, record or document before any committee refuses to answer any question or to produce the paper, book, record or document on the ground that it is of a private nature and does not affect the subject of inquiry, the chairperson of the committee may report the refusal to the Speaker with the reasons therefor; and the Speaker may thereupon excuse the answering of the question or the production of the paper, book, record or document, or may order the answering or production thereof.

Section 22. Duty of public officers to give evidence Section 22(1) No public officer shall refuse to produce before a county assembly or a committee any paper, book, record or document. Section 22(2) Any county public officer who contravenes subsection (1) commits an offence. Section 22(3) Where a county assembly passes a resolution that a county public officer has contravened subsection (1), the resolution of the county assembly shall constitute a ground for removal from office of the county public officer in accordance with the Constitution or any applicable law.

Section 23. Protection in respect of publications Section 23(1) A person shall not be liable to civil or criminal proceedings in respect of the publication of any journal by order or under the authority of a county assembly or a committee. Section 23(2)(a) the publication of a document that has been submitted to or is before a county assembly or a committee; Section 23(2)(b) any publication or information given out within the course duty as a Member or member of staff. Section 23(3)(a) the conduct of business and the affairs of a county assembly; Section 23(3)(b) the attainment of freedom of expression in the county assembly.

Section 24. Unauthorized publishing Section 24(1)(a) any journal if the publication of that journal is prohibited by or in terms of the Standing Orders or an order or resolution of a county assembly; Section 24(1)(b) any journal purporting that it has been published under the authority of a county assembly or a committee or the Speaker while it has not been published under such authority; Section 24(1)(c) any journal purporting that it is a verbatim account of the proceedings of a county assembly or a committee while it is not such account. Section 24(2) In any civil or criminal proceedings instituted for publishing any extract from or abstract of any journal referred to in subsection (1), if the court is satisfied that the extract or abstract was published bona fide and without malice, judgement or verdict, as the case may be, shall be entered for the defendant or accused. Section 24(3)(a) the conduct of business and the affairs of a county assembly; Section 24(3)(b) the attainment of freedom of expression in the county assembly.

Section 25. Broadcasting of proceedings Section 25(1) A person shall not broadcast, televise or otherwise transmit by electronic means the proceedings of a House or a committee of a county assembly or any part of those proceedings except by order or under the authority of relevant Speaker or chairperson of a committee of a county assembly and in accordance with the Standing Orders and the conditions and directions determined by the Speaker. Section 25(2) A person shall not be liable to civil or criminal proceedings in respect of the broadcasting, televising or electronic transmission of proceedings of a county assembly or a committee if it has been authorized under subsection (1) and complies with the conditions, if any, determined under that subsection. Section 25(3)(a) for the purposes of facilitating the immunities of the Houses and the committees of a county assembly; Section 25(3)(b) for facilitating the freedom of speech and debate as set out in Article 117 of the Constitution.

Section 26. Prohibited acts in respect of a county assembly and its members Section 26(1)(a) assault, threaten, use abusive language, obstruct, molest or insult any member proceeding to, being within or leaving the precincts of a county assembly, or endeavour to compel any member by force, insult or menace to declare himself or herself in favour of or against any proposition or matter pending or expected to be brought before a county assembly or any committee; Section 26(1)(b) assault, threaten, use abusive language, interfere with, molest, resist or obstruct any member of staff while in the execution of his or her duty; Section 26(1)(c) assault or threaten a member or unlawfully deprive a member of any benefit on account of the member's conduct in a county assembly; Section 26(1)(d) while a county assembly or a committee is sitting, create or take part in any unlawful disturbance which interrupts or is likely to interrupt the proceedings of a county assembly or any committee while a county assembly or the committee is sitting; or Section 26(1)(e) the presence of the public in the precincts of a county assembly including a meeting within the precincts of a county assembly; or Secti...

Section 27. Offences relating to witnesses Section 27(1)(a) attend at the time and place specified in the summons; or Section 27(1)(a)(i) attend at the time and place specified in the summons; or Section 27(1)(a)(ii) remain in attendance until excused from further attendance by the person presiding at the inquiry; Section 27(1)(b) when called upon under section 18 , refuses to be sworn in or to make an affirmation as a witness; or Section 27(1)(c) answer fully and satisfactorily all questions lawfully put to the person under section 18 ; Section 27(1)(c)(i) answer fully and satisfactorily all questions lawfully put to the person under section 18 ; Section 27(1)(c)(ii) produce any document, paper, book or record in the person's possession, custody or control which the person has been required to produce under section 18 . Section 27(2) A person who commits an offence under subsection (1) is liable, on conviction, to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding six months or to both. Section 27(3)(a) threatens, obstructs, assaults or insults a member of staff or police officer carrying out service of summons issued under this Act; Se...

Section 28. Improper influence of members Section 28(1)(a) influence a member in the performance of the member's functions as a member; Section 28(1)(b) induce a member to be absent from a county assembly or a committee at a particular time; or Section 28(1)(c) attempt to compel a member to declare himself or herself in favour or against a matter pending before or proposed or expected to be submitted to a county assembly or a committee. Section 28(2)(a) voting in any particular manner or not voting on a matter before a county assembly; Section 28(2)(b) promoting or opposing anything pending before or proposed or expected to be submitted to a county assembly; or Section 28(2)(c) making a representation to a county assembly. Section 28(3) A person who contravenes this section commits an offence.

Section 29. Duty of court Registrar Section the nature of the offence and the sentence imposed; and

Section 30. Breach to constitute gross misconduct Section A State officer who is convicted of an offence under this Act shall be deemed to have committed an act of gross misconduct within the meaning of Article 251(1) (b) of the Constitution.

Section 31. Offences relating to access to precincts of a county assembly Section 31(1)(a) enters or attempts to enter a chamber of a county assembly or the precincts of a county assembly in contravention of section 5 of this Act; Section 31(1)(b) fails or refuses to withdraw from the precincts of a county assembly when ordered to do so; or Section 31(1)(c) contravenes any order made under this Act regulating the admittance of the public or the conduct of the public within the precincts of a county assembly. Section 31(2) A person who commits an offence under subsection (1) shall be liable, on conviction, to a fine not exceeding two hundred thousand shillings or to imprisonment for a term not exceeding one year or to both.

Section 32. Defamation against a county assembly Section publishes any false or scandalous libel on a county assembly, its committees or its proceedings; or

Section 33. General penalty Section A person convicted of an offence under this Act for which no penalty is provided shall be liable on conviction to a fine not exceeding five hundred thousand shillings or to a term of imprisonment not exceeding two years or to both.

Section 34. Request to the Director of Public Prosecutions Section 34(1) Where an offence is suspected to have been committed under this Act, the Clerk shall, on the directions of the Speaker, make a request to the Director of Public Prosecutions to take such action as may be appropriate. Section 34(1A) Where an offence is suspected to have been committed under section 26 (1)(b), the Clerk shall make a request to the Director of Public Prosecutions to take such action as may be appropriate. Section 34(2) The Director of Public Prosecutions shall, within thirty days from the date of receipt of a request from the Clerk under subsection (1), and within such other subsequent period as the Speaker may determine, submit a report to the Clerk stating the action taken on the matter.

Section 35. Members of staff to have powers of police officer Section Every member of staff shall, for the purposes of this Act and of the application of the provisions of the criminal law, have all the powers and enjoy all the privileges of a police officer.

Section 36. Offences congnizable Section Every offence under this Act shall be cognizable to the police.

Section 37. Protection of members of public Section 37(1) A person, other than a Member, who is aggrieved by a statement or a remark made by a Member or a witness in or before a county assembly or committee about that person may submit a written request to the Clerk to have a response by the person to the statement or remark recorded and published in a journal or record of the county assembly. Section 37(2) The Committee of Powers and Privileges of a county assembly shall, subject to the Standing Orders, consider the request and recommend such measures as may be necessary to comply with Article 35(2) of the Constitution.

Section 38. Speaker’s orders Section 38(1) The Speaker may, from time to time, issue such orders as may be necessary or expedient for the better carrying out of the purposes of this Act. Section 38(2)(a) the admittance of members of the public to the precincts of a county assembly; Section 38(2)(b) the deduction of any monies due to a member in respect of refreshments or other facilities made available to members within the precincts of a county assembly; Section 38(2)(c) the appropriate dress code for members. Section 38(3) The Speaker may, from time to time as may be expedient, issue a Code of Conduct regulating the conduct of members of the county assembly whilst within the precincts of the county assembly other than the chamber. Section 38(4) The Clerk shall authenticate copies of orders and Code of Conduct made pursuant to this section and shall ensure that such orders are made available to each member and are conspicuously exhibited for the benefit of the public within the precincts of the county assembly. Section 38(5)(a) the purpose and objective of the delegation under this section is to enable the Speaker to give directions for the orderly conduct of Members, members of s...