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{
    "id": 491112,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/491112/?format=api",
    "text_counter": 236,
    "type": "speech",
    "speaker_name": "Sen. (Dr.) Khalwale",
    "speaker_title": "",
    "speaker": {
        "id": 170,
        "legal_name": "Bonny Khalwale",
        "slug": "bonny-khalwale"
    },
    "content": "Mr. Temporary Speaker, Sir, I rise to second that the County Assemblies Powers and Privileges Bill, 2014, be read a Second Time. I will be very brief because this is a very important Bill. I do not see any strong areas of contention. However, I would like just to point out a few things: Mr. Temporary Speaker, Sir, the first thing I want to point out is about Clause 4 which reads:- “An officer of a National Security Organ may, with the permission and authority of the Speaker; (a) Enter upon or remain in the precincts of a County Assembly for the purpose of performing any function of that National Security Organ.” Mr. Temporary Speaker, Sir, we have to think about it carefully because we want to be sure that Members of the County Aassemblies are not harassed by members of the national security organs by way of arrests and carrying out vendetta. In some occasions, we might have Members of County Assemblies, (MCAs) who will say bad things about big people in Nairobi. We would like you to think about that. This is not just theory; I know an MCA in Busia who has been arraigned in court for criticizing the President. These things are real. Therefore, I would urge that we think about these things. If I may quote Sen. Wetangula, who likes quoting the retired Justice Ringera. Justice Ringera said that the best way to test a good law is if that law was to be used against you. Today, we are big people in Nairobi; we might retire as MCAs in Kakamega. We want to be sure that we leave good laws in Nairobi. Mr. Temporary Speaker, Sir, the second issue in the Bill is Clause 8. This is about the freedom of speech and debate and it reads:- “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 proceeding of the County Assembly.” Mr. Temporary Speaker, Sir, I would like us to remember that Members also say such things not just in the Plenary, but also in Committees. I will give you an actual example of hon. Eric Sungu, who was my colleague in the other Parliament. He led us in a Committee that was investigating the death of Dr. Robert Ouko. While seated in the Committee and as a chair, he made certain remarks. Then, a lawyer, a very senior counsel in this country whose name I do not want to mention because he is in the habit of suing people, I do not know whether I am protected now, he approached the High Court and won the case. Now, Hon. Eric Sungu has been running all over the place since. He is not 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."
}