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{
    "id": 550877,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/550877/?format=api",
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    "content": "Hon. Senators, without going into the substance of the matters covered in the notice served on the Senator, in his Personal Statement, Sen. (Prof.) Lonyangapuo brought to the attention of this House and of the Speaker the question of service of summons, notices to appear or other related documents on Senators within the precincts of Parliament. The Senator posed this question: While in the course of the discharge of their functions and while within the precincts of Parliament, should Senators be accosted with summons and notices to appear? This was the question, Sen. (Prof.) Lonyangapuo posed. Hon. Senators, Members of Parliament, including Senators, the world over, by virtue of the offices they hold, and in order to secure the effective discharge of the functions of those offices, enjoy various powers, privileges and immunities – generally referred to as Parliamentary Privilege. Parliamentary Privilege in essence refers to the freedom of a parliament to conduct its proceedings without interference or obstruction from any other bodies, entities or persons. In Erskine May’s Ties on law: Privileges,Proceedings and Usage of Parliament, Parliamentary Privilege is defined on page 75 as follows:- “Parliamentary Privilege is the sum of the peculiar rights enjoyed by each House collectively as a constituent part of the High Court of Parliament and by Members of each House individually, without which they could not discharge their functions and which exceed those possessed by other bodies or individuals.” Thus privilege, though part of the law of the land is to a certain extent an exemption from the general law. Certain rights and immunities such as freedom from arrest or freedom of speech belong primarily to individual members of each House and exist because the House cannot perform its functions without unimpeded use of the services of its members. Other such rights and immunities such as the power to punish for contempt and the power to regulate its own constitution belong primarily to each House as a collective body for the protection of its members and the vindication of its own authority and dignity. Fundamentally, however, it is only as a means to the effective discharge of the collective functions of the House that the individual privileges are enjoyed by members. For our legislature, the National Assembly Powers and Privileges Act, Cap.6 of the laws of Kenya which by dint of Section 7 of the Sixth Schedule to the Constitution applies to the Senate - It provides for various powers, privileges and immunities available to members of Parliament, including freedom of speech and freedom from arrest for civil debt. In particular Section 5 provides for freedom from arrest for a civil debt during a session such that no Member of Parliament is liable to arrest for any civil debt, except a debt, the contraction of which constitutes a criminal offence whilst going to, attending at or returning from a sitting of the Parliament or a committee of Parliament. Section 6 further provides that no process issued by any court in Kenya in the exercise of its civil jurisdiction shall be served or executed within the precincts of Parliament while Parliament is sitting and/or shall such process be served or executed through the Speaker or any officer of Parliament unless it relates to a person employed within the precincts of Parliament or to the attachment of the Members’ salary. 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."
}