Parliamentary Powers and Privileges Act

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

Section 2. Interpretation Section all things said, done or written by a Member or by any officer of either House of Parliament or by any person ordered or authorised to attend before such House or its committees, in or in the presence of such House or its committees and in the course of a sitting for the purpose of transacting the business of the House or its committees; and

Section 3. Description of precincts of Parliament Section 3(1)(a) the chambers in which the proceedings of Parliament 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 Parliament’s purposes; Section 3(1)(d) the offices of Parliament 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 Parliament or its committees; Section 3(1)(f) all other buildings or parts of a building provided or used in connection with the proceedings of Parliament or its committees while so used by Parliament including such premises as may be leased by Parliament; and Section 3(1)(g) such other areas as the Speaker may designate, in writing, for the purpose of parliamentary business...

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

Section 5. Access to precincts of Parliament Section 5(1) 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 Parliament as may be specified. Section 5(2) The right of access to Parliament under Article 118 shall be limited as specified under this section for the purposes of facilitating the orderly conduct of the business and the affairs of Parliament.

Section 6. Freedom from arrest for civil debt during session Section 6(1) A Member shall not be liable to arrest for any civil debt except a debt the contraction of which constitutes a criminal offence, whilst going to, attending at or returning from a sitting of a House of Parliament or any committee. 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 business and the affairs of Parliament.

Section 7. Service of civil process Section 7(1)(a) within the precincts of Parliament while either one or both Houses are sitting; or Section 7(1)(b) unless it relates to a person employed within the precincts of Parliament or to the attachment of a member's salary; or Section 7(1)(b)(i) unless it relates to a person employed within the precincts of Parliament or to the attachment of a member's salary; or Section 7(1)(b)(ii) if the subject matter relates to a member or members exercising their personal duties. Section 7(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 business and the affairs of Parliament.

Section 8. Assembling, demonstrating and picketing Section 8(1) The Speaker may designate areas proximate to the precincts of Parliament where members of public may, pursuant to Article 37 of the Constitution, assemble, demonstrate, picket or present memoranda to Parliament. Section 8(2) Any assembling, demonstration, picketing and presentation of memoranda to Parliament under subsection (1) shall be in accordance with such guidelines as the Speaker may issue. Section 8(3) A person who assembles, demonstrates or pickets contrary to the provisions of this section may be removed from the precincts of Parliament on the direction of a Speaker, a duly authorized member of staff or a police officer. Section 8(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 business and affairs of Parliament.

Section 9. Freedom of speech in Parliament Section 9(1) There shall be freedom of speech and debate in Parliament as provided for in Article 117 of the Constitution. Section 9(2) A member shall enjoy the same privileges and immunities in a joint sitting of the two Houses of Parliament as are applicable in each of the respective Houses. Section 9(3)(a) for the purposes of facilitating the immunities of the Houses and the committees of Parliament in accordance with Article 117 of the Constitution; Section 9(3)(b) for facilitating the freedom of speech and debate as set out in Article 117 of the Constitution.

Section 10. Postponement of disqualification to enable appeal Section Where any Member has been sentenced to imprisonment for a period of at least six months, adjudged to be of unsound mind, adjudged bankrupt, or is found in accordance with any law to have misused or abused a State office or a public office or in any way to have contravened Chapter Six of the Constitution, the decision shall not have effect for the purposes of Article 103(1)(g) of the Constitution until all possibility of appeal or review of the relevant decision or sentence has been exhausted.

Section 11. Proceedings not to be questioned in courts Section No proceedings or decision of Parliament or the Committee of Powers and Privileges acting in accordance with this Act shall be questioned in any court.

Section 12. Immunity from legal proceedings Section 12(1) No civil or criminal proceedings shall be instituted against any Member for words spoken before, or written in a report to Parliament 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 Parliament. Section 12(2) No civil suit shall be commenced against the Speaker, the leader of majority party, the leader of minority party, chairpersons of committees and members for any act done or ordered by them in the discharge of the functions of their office. Section 12(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 by them in the discharge of their functions relating to proceedings of either House or committee of Parliament.

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 Parliament 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 Parliament or that committee or in respect of any proceedings or examination held before Parliament or that committee without special leave first obtained. 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 of the relevant House. Section 13(3)(a) the request is unreasonable in the circumstances; Section 13(3)(b) the information requested is at a deliberative stage by Parliament or 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 Parliament. Section 13(4) The right of access to information under Article 35 of the Constitution shall be limited to the nature and extent specifie...

Section 14. Determination of a question arising in the House on right or power of Parliament Section the right or power of Parliament 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)(a)(i) the Speaker who shall be the chairperson of the Committee; and Section 15(1)(a)(ii) fourteen other members of the House appointed in accordance with the Standing Orders of the Assembly; Section 15(1)(b) the Speaker who shall be the chairperson of the Committee; and Section 15(1)(b)(i) the Speaker who shall be the chairperson of the Committee; and Section 15(1)(b)(ii) six other members of the House appointed in accordance with the Standing Orders of the Senate. Section 15(2)(a) in the case of the National Assembly, be the Speaker and four other members; and Section 15(2)(b) in the case of the Senate, be the Speaker and two other members. Section 15(3) Subject to this Act and the Standing Orders of the relevant House of Parliament, the Committee shall regulate its own procedure. Section 15(4)(a) inquire into the conduct of a member whose conduct is alleged to constitute breach of privilege in terms of section 16 ; Section 15(4)(b) perform such other functions as may be specified in this Act. Section 15(5) The Committee of Powers and Privil...

Section 35. Protection of members of public Section 35(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 Parliament 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 Parliament. Section 35(2) The Committee of Powers and Privileges of the relevant House of Parliament 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 36. Extension of time Section 36(1) Despite the provisions of any other written law, where in a written law a time is prescribed for doing an act or taking a proceeding by a House of Parliament, the House may, by resolution, extend that time by a period not exceeding fourteen days. Section 36(2) Where an extension of time is granted under subsection (1), the doing of all other acts consequential thereto shall be deemed to have been extended accordingly. Section 36(3)(a) only once in a session of Parliament in respect of a particular matter; and Section 36(3)(b) only in exceptional circumstances to be certified by the Speaker of the relevant House.

Section 37. Speaker’s orders Section 37(1) The Speaker of either House of Parliament 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 37(2)(a) the admittance of members of the public to the precincts of Parliament; Section 37(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 Parliament; Section 37(2)(c) the appropriate dress code for members. Section 37(3) The Code of Conduct regulating the conduct of Members of the respective House of Parliament shall be as set out in the Fourth Schedule. Section 37(4) The Clerk shall authenticate copies of orders 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 Parliament. Section 37(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 staff and the public generally within the precincts of Parliament; Section 37(5)(b) the or...

Section 38. Repeal of Cap. 6 and transition Section 38(1) Spent . Section 38(2) The repeal under subsection (1) shall not affect any privilege or immunity acquired under the repealed Act. Section 38(3) Prior to the commencement of this Act, the National Assembly (Powers and Privileges) Act (Repealed) shall be deemed to have applied to the Senate, with the necessary modifications.

Section 16. Conduct constituting breach of privilege Section contravenes sections 25 , 26 or 28 ;

Section 17. Determination of breach of privilege Section 17(1) The relevant House of Parliament shall have all the powers necessary for enquiring into and pronouncing upon any act or matter constituting breach of privilege in terms of section 16 . Section 17(2) An enquiry by the relevant House of Parliament 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 House 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 Parliament; Section 17(3)(e) the removal or suspension for a specified period of time of the Member from any parliamentary 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 Parliament or any of it...

Section 18. Invitation and summoning of witnesses Section 18(1) Parliament 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, Parliament and its committees shall have the same powers as the High Court as specified under Article 125 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; Section 18(5)(b)(...

Section 19. Procedure if witness fails to appear Section 19(1) Where a witness summoned does not appear, or appears but fails to satisfy the relevant House of Parliament or committee, the relevant House or Committee may impose upon the witness such fine, not exceeding five hundred thousand shillings, having regard to the witness’ condition in life and all the circumstances of the case. Section 19(2) A person may pay the fine under subsection (1) to the Clerk of the relevant House. Section 19(3) Parliament or its committee may order the arrest of a person who fails to honour a summons.

Section 20. Examination of witnesses Section cause such witness to be examined on oath; and

Section 21. Privileges of witnesses Section 21(1) Every person who is summoned to give evidence or to produce a document before Parliament or a committee shall be entitled to the same rights and privileges that are applicable to a witness before a court of law. Section 21(2) A person who is being examined under oath or affirmation in terms of section 20 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 21(3) Evidence given under oath or affirmation by a person before Parliament or a committee shall not be used against the person in a court or other place outside Parliament 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). Section 21(4) The right to fair hearing under Article 50 of the Constitution shall be limited as specified under this section for the purposes of advancing the f...

Section 22. Objection to answer question or to produce papers Section Where any person ordered to attend to give evidence or to produce any paper, book, record or document before Parliament 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 23. Duty of public officers to give evidence Section 23(1)(a) produce before Parliament or a committee any paper, book, record or document, or Section 23(1)(b) give evidence before Parliament or a committee, relating to the correspondence of any national security organs as set out under Article 239 of the Constitution, or any independent commission set out under Article 248 of the Constitution or any public office as defined under Article 260 of the Constitution. Section 23(2) Any public officer who contravenes subsection (1) commits an offence. Section 23(3) Where a House passes a resolution that a public officer has contravened subsection (1), the resolution of the House shall constitute a ground for removal from office of the public officer in accordance with the Constitution or any applicable law.

Section 24. Protection in respect of publications Section 24(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 Parliament or a committee. Section 24(2)(a) the publication of a document that has been submitted to or is before Parliament or a committee; Section 24(2)(b) any publication or information given out within the course duty as a Member or member of staff. Section 24(3)(a) the conduct of business and the affairs of Parliament; Section 24(3)(b) the attainment of freedom of speech and debate in Parliament in accordance with Article 117 of the Constitution.

Section 25. Unauthorized publishing Section 25(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 Parliament; Section 25(1)(b) any journal purporting that it has been published under the authority of Parliament or a committee or the Speaker while it has not been published under such authority; Section 25(1)(c) any journal purporting that it is a verbatim account of the proceedings of Parliament or a committee while it is not such account. Section 25(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, judgment or verdict, as the case may be, shall be entered for the defendant or accused. Section 25(3)(a) the conduct of business and the affairs of Parliament; Section 25(3)(b) the attainment of freedom of speech and debate in Parliament in accordance with Article 117 of the Constitution.

Section 26. Prohibited acts in respect of Parliament and its members Section 26(1)(a) assault, obstruct, molest or insult any member proceeding to, being within or leaving the precincts of Parliament, 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 Parliament or any committee; Section 26(1)(b) assault, 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 Parliament; Section 26(1)(d) while Parliament or a committee is sitting, create or take part in any unlawful disturbance which interrupts or is likely to interrupt the proceedings of Parliament or any committee while Parliament or the committee is sitting; or Section 26(1)(e) the presence of the public in the precincts of Parliament including a meeting within the precincts of Parliament; or Section 26(1)(e)(i) the presence of the public in the precincts of Parliament including a meeting within the precincts of Parliament...

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 20 , 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 20 ; Section 27(1)(c)(i) answer fully and satisfactorily all questions lawfully put to the person under section 20 ; 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 20 . 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 Parliament 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 Parliament or a committee. Section 28(2)(a) voting in any particular manner or not voting on a matter before Parliament; Section 28(2)(b) promoting or opposing anything pending before or proposed or expected to be submitted to Parliament; or Section 28(2)(c) making a representation to Parliament. 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 Parliament Section 31(1)(a) enters or attempts to enter a Chamber of Parliament or the precincts of Parliament in contravention of section 5 of this Act; Section 31(1)(b) fails or refuses to withdraw from the precincts of Parliament 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 Parliament. 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. 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 33. Officers of a House of Parliament to have powers of police officer Section 33(1) Every officer of a House of Parliament 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 33(2) In this section, "officer of a House of Parliament" means any officer acting within the precincts of Parliament under the orders of the Speaker.

Section 34. Offences cognizable Section Every offence under this Act shall be cognizable to the police.