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{
    "id": 1483826,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1483826/?format=api",
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    "content": "fails, without sufficient cause to- (i) attend at the time and place specified in the summons; or (ii) remain in attendance until excused from further attendance by the person presiding at the inquiry Under 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.” Hon. Senators, the exercise of the powers under Article 125 of the Constitution by Parliament, has been the subject of judicial consideration. For instance, in International Legal Consultants Group versus the Senate, 2014 eKLR, the Court held inter alia, it is not in doubt that the Senate is conferred with the powers to summon any person to appear before it to give evidence or to provide information within its constitutional and statutory mandate. The powers to summon by the committees are equivalent to those of the High Court. In the same decision, the court found that the constitutional power to summon, must be respected by all public officials at all times. The court further stated that summons should be a remedy of the last resort after attempts, consultation or mediation have failed and where it is clear that a county governor and all county officials have declined an invitation by the Senate or its committees to answer to matters of oversight of county funds. Hon. Senators, from the foregoing, we may observe that Article 125 of the Constitution, as read together with Section 18(1) of the Powers and Privileges Act, Parliament and its committees have the power to summon any person to appear before it for the purpose of giving evidence or any information. In this respect, Parliament has the same powers as the High Court to enforce the attendance of witnesses and examine them on oath, affirmation or otherwise. Although the courts have held that the power to summon under Article 125 of the Constitution should not be exercised in an arbitrary or capricious manner and should be preceded by attempts at consultation and mediation, it is clear that the various committees of the Senate have made several attempts to invite the governor to appear before issuing The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}