Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 491595,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/491595/?format=api",
    "text_counter": 215,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Another important aspect is that this Bill provides a provision for members of the public to participate in the proceedings of the county assembly. From the various county assemblies that we have been going to as we travel in the different counties, some of these issues have not been instituted. Therefore, you find that even if members of the public wanted to attend proceedings of those county assemblies, there is no adequate space in the galleries where they can actually follow the proceedings, so that they can then follow up with the MCAs in terms of having an input into what is happening in the county. This is critical and has been provided for specifically in Article 196 that provides that the proceedings in the county assemblies need to allow people to participate effectively. The privileges and immunities of Members is key. Certain specific areas are very important, for example, the freedom of speech and debate. It is now in Kenya that we are beginning to enjoy the freedom of speech and debate. There was an era of restriction. You can imagine the implication of that restriction for legislators. This Bill gives privileges and immunities to Members so that they can have freedom of speech and debate. They can be able to say things that are annoying to certain people but still have the protection. That gives them the zeal, energy and courage to say certain bold things which they may not be able to say if they do not have such protection. The county assemblies’ proceedings cannot be questioned in court. That also gives them a sense of belief and courage in everything that they say within the county assemblies. Therefore, it makes it possible for them to feel more targeted in whatever they are discussing. It also gives immunity from civil and criminal proceedings for words spoken within the precincts of a county assembly. That is very important. The idea that you actually have immunity from civil and criminal proceedings which may come as a result of your contribution within the county assembly is very critical. It also gives freedom from arrest for civil debt during that particular session thus empowering the MCAs in the contributions that they make. These immunities are key. As we said, MCAs mingle, talk and interact with even powerful people within the counties. Without these immunities, somebody might be cowed to present a particular view which might be critical. One of the key strengths in this Bill is in the formation of a committee of powers and privileges that can inquire into the breach of any of the privileges by the Members. Of course it is comprised of the Speaker and Members of a county assembly. But this Committee allows those Members of the Committee to inquire into the conduct of Members. This is critical because it gives a follow-up mechanism for behaviour so that people do not behave the way they want to without having recourse to being called and asked why they have done what they have done. Moreover, this Bill also gives penalties for various contraventions in terms of breaches. For example, if it is assault or misbehavior, the committee is able to sit, project, call the person, discuss with that person, give an idea of what is expected and has gone wrong and give a penalty where it is necessary so that, that behavioral change can take place. The whole idea, at the end of the day, is to have an assembly where there is decorum. Had this been put into place already, we would not have had the sort of scenes that we are seeing in the various counties where MCAs have fought or assaulted each other. Indeed, we would have had more decorum. The moment we have rules of 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"
}