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{
    "id": 491105,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/491105/?format=api",
    "text_counter": 229,
    "type": "speech",
    "speaker_name": "The Senate Majority Leader",
    "speaker_title": "",
    "speaker": {
        "id": 440,
        "legal_name": "Onesimus Kipchumba Murkomen",
        "slug": "kipchumba-murkomen"
    },
    "content": "(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, just to highlight quickly some of the remaining provisions, the freedom of debate is provided for, and their shall be no civil or criminal process against a Member of a County Assembly for matters said in debate, petitions or other proceedings of the County Assembly. In other words, sections 8 and 11, a civil or a criminal suit cannot be brought against MCAs for expressing themselves. Another important provision is Section 10. I saw that there was a lot of debate even in the media about it. I expect through debate in this House, we will be able to reach an appropriate consensus. Section 10 speaks to proceedings in an assembly. This includes the committees of this assembly, not being questioned in any court. This is a tradition the world over, and to support this immunity of parliamentary proceedings being privileged, a number of other provisions have been included; including that no civil suit may be instituted against the Speaker, the Leader of Majority, Leader of Minority or a Chairperson of a committee for acts done in performance of their functions. To paraphrase, ‘no civil suit can be brought against Sen. (Dr.) Khalwale when he is performing the functions of chairman of the County Public Accounts and Investments Committee of the Senate of the Republic of Kenya. There is immunity from all manner of suits. No arrests may be made. This has been there even in the old law; there can be no arrest of a Member of a County Assembly while going to, attending or returning from a sitting or a committee of the county assembly. Along those lines is Section 13; that no staff member of the county assembly shall be compelled to give evidence, to produce minutes that have been taken or any document that has been tabled before a county assembly unless with the permission of the county assembly. In fact, this proviso is so strong that it only allows the permission of the Assembly, not that of the Speaker. Any document that has been tabled before the House, or minutes which have been written in a Kamukunji or in a committee cannot be produced in court, unless the county assembly approves. Sections 14 and 15 talk about the breach of privileges. If a Member breaches the privileges of the House, there is established under Section 14, a committee of powers and privileges which shall investigate the alleged breach and mete out the necessary punishment which includes a formal warning to the Member who has breached the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}