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"id": 578856,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/578856/?format=api",
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"type": "speech",
"speaker_name": "Hon. (Ms.) Odhiambo-Mabona",
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"speaker": {
"id": 376,
"legal_name": "Millie Grace Akoth Odhiambo Mabona",
"slug": "millie-odhiambo-mabona"
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"content": "Thank you, Hon. Temporary Deputy Speaker for giving me this opportunity. I have listened to the Members and especially the Hon. Colleague from Mvita. I think he has some sense though I do not support him. I can see what he was belabouring to say. If we had institutions that were true to their positions and their calling, then this amendment would not be necessary. Hon. Temporary Deputy Speaker, if you look at the Constitution, it is very clear under Article 117(1). It says:- “There shall be freedom of speech and debate in Parliament”. Article 117(2) states:- “Parliament may, for the purpose of the orderly and effective discharge of the business of Parliament, provide for the powers, privileges and immunities of Parliament, its committees, the leader of the majority party, the leader of the minority party, the chairpersons of committees and Members. Parliament has by law provided those privileges and immunities.” So, I would actually want to tell the Hon. Member that, indeed, it is nothing new really that we are initiating because it is there in law. The only difference is that the courts have not stayed true to the mandate that we are given to do by subsidiary legislation and they have over- stepped their mandate or ignored their mandate especially in the famous case of Hon. Gor Sungu. This is because, if you do or say something on the Floor of this House in good faith, then you should not be held personally liable. Indeed, what this House should have done is to take the liability that was charged to Gor Sungu because it was work that he was doing as a Member of this House. However, I was listening very keenly to the Hon. Member from Mvita. If you look at what the Constitution provides currently and what Hon. Kaluma is providing, he is actually extending the coverage. This is because, currently, if you look at the Article that I have spoken to, it seems to focus on the issue of speech and debate in Parliament. It does not talk to the performance of functions of Parliament. When you are talking to the performance of functions of Parliament, then it basically means that we are not only looking at our legislative roles, but we are also looking at our legislative oversight and other roles including the ones that Kenyans have given us nowadays, which includes development work. Hon. Temporary Deputy Speaker, should we only be covered with the privilege? Should we only be insulated when we speak? Should it only be our freedom of speech which should be covered? I think there is a level of discretion that is still left to the courts when you say it is work that is done in good faith. That is because good faith is still a subjective provision that the courts will have to interpret. The courts would still have to interpret what good faith is unless by legislation we indicate or expand what we mean by good faith. I am happy that I can see Hon. Aden is actually bringing at the same time a law that is covering that. So, I think it gives us opportunity when it is fresh and when we are discussing this to actually relook at these issues. Hon. Temporary Deputy Speaker, one of the things that I had to grapple with is the infamous fight that we had in Parliament on 18th December 2014, when some male colleagues actually attempted to undress me before the Floor of this House. That is actually covered under privilege that if you want to go and prosecute somebody outside, it becomes a legal hurdle. So, for me, I want us to be very clear that it is not an issue of good faith, but things that are criminal in nature. They must be left to the realm of criminal law. Members of Parliament cannot be allowed to perform criminal activities, whether within or The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}