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    "id": 491606,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/491606/?format=api",
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    "content": "may not serve the purpose for which we were elected to this House or even in the assembly. Mr. Temporary Speaker, Sir, this is important, especially when there is a debate going on of national nature. For example, we want to change the Constitution and we have a number that is prescribed by the Constitution as the necessary majority of two thirds, the absence of one Member can make a difference. You could very easily be arrested as you are walking into the Chamber because you have a civil debt. Of course, most MPs all over the world have debts. So if somebody were to use a lawful instrument, like the execution of a civil debt to disrupt you from proceeding into the House to vote on a matter that is important to the nation, they would be denying you the right to serve the nation at that time. This might be done deliberately or maliciously and they may arrest you that morning so that the debate in the House or the vote in the House may fail or may succeed, whichever way they want it to go. So, this protection has been given so that Members are free to come in, go out and make their contributions. You can then arrest them wherever you find them, but definitely not as they come in, go out or participate in the debate. Mr. Temporary Speaker, Sir, there is also the fear that you might be arrested for a criminal offense. I know the fear is that you can be picked up and taken to court. I remember one time, hon. Mungai, the then Member for Molo Constituency was coming to the afternoon session – I think it was on a Tuesday – and as he was walking through this other gate where we now walk in, some two gentlemen accosted him at the entrance and told him that he was under arrest, but because he knew his rights, that he could not be arrested for anything, whether civil or criminal, as he proceeded to debate, he fought his way out and I could see his very nice suit torn because he had to fight physically. He came to the House to tell the Speaker that some people were interfering with the privileges of the House, purporting to arrest him outside the door because he was coming to participate in a debate which was likely to expose some people. Later on, those people never quite arrested him. So, you can see that it was intended to undermine his right to speak on the Floor of the House or to produce evidence of that nature. These tactics have been used several times. They were used in the worst times during those days when KANU was baba na mama . They were used many times to deny very eloquent and able MPs to do the job for which they were elected to do. Mr. Temporary Speaker, Sir, there is something else I would like to say about the summoning of witnesses which I have already referred to. I have seen that there is a tendency for this House or any other House to summon a witness to come and give evidence and the witness says that they are superior to this House and, therefore, not answerable to this House. It is provided in the Constitution that this Senate, the National Assembly or even the county assembly has the power to summon, inquire or call anybody to substantiate or to give evidence of any nature. I am glad that it is reprinted here at Clause 18; that the county assembly or its committees may invite or summon any person to appear before it for the purpose of giving evidence or providing any information. I do not know whether we need to pass new legislation to require that the Auditor- General must also place his reports in the several county assemblies that we have; 47 of them, especially if the evidence he is publishing relates to that government so that 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"
}