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{
    "id": 571999,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/571999/?format=api",
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    "content": "themselves. The Bill also defines the precincts of Parliament which includes the Chamber, the offices or any building, gardens and all the facilities around Parliament. It goes on to say that when Parliament or a committee of Parliament convenes outside these facilities for official duty, that place is also covered by the same immunities and privileges that are provided for in this Bill. That means that if there is a committee of Parliament transacting business in Mombasa then, that, actually, is a parliamentary precinct. The honour, immunities and privileges also accrue out there. I will exemplify how this could take place. You will recall that we have had incidences, around here, of law enforcement agencies mischievously sneaking in to serve MPs with court proceedings and orders. That will be unlawful under this Bill. This Bill, therefore, says that you cannot serve an MP within parliamentary precincts because they have the immunity. The same case applies even if a sitting takes place – either of a Committee of the Whole – elsewhere in this country. Even if it is a committee meeting somewhere in Lodwar, you cannot go there and serve Members or do whatever you are prohibited from doing within the precincts of Parliament. Mr. Temporary Speaker, Sir, the Bill says, in Clause 6 that no process by any court in Kenya, in exercise of civil jurisdiction, may be served on a Member of Parliament. I have already talked about the designated places for assembly and picketing. I will also highlight the freedom of speech and debate which is enshrined in Clause 8. This includes debating Motions, petitions or Bills whether it is a sitting of one House, a joint sitting of Parliament or even a committee of Parliament. Mr. Temporary Speaker, Sir, these immunities and privileges apply even when a Member has been disqualified or convicted unless they have exhausted the appeal system. Therefore, the conviction of more than six months stands. An interesting provision is Clause 10 which provides that no proceedings, decisions of Parliament or a committee of powers and privileges acting in accordance with this Act shall be questioned in any court of law. We have seen, in the past, an attempt by other arms of Government, notably, the Judiciary, to subordinate the Legislature as if it was some parastatal or administrative body which is under the review or supervision of the court. This Bill is trying to say that the proceedings of Parliament or a Committee of Parliament are not to be questioned in a court of law. Let me explain that. We are not trying to say if Parliament passes a Bill and it becomes an Act, then the court cannot question or try to interrogate its legality. For example, when Parliament makes a decision on a Motion and there is a vote which is taken, you cannot question Members individually or the collective decision of the House on that matter cannot be a subject of legal questioning or inquiry. It surprised me when the Council of Governors, in one of the numerous suits that they have sued the Senate and Parliament generally, enjoined the Senate and individual Senators by name as defendants in a matter where there was debate in this House and Senators made a decision. For example, a decision on whether or not to impeach a governor cannot be opened up. You can only maybe question the process or an Act 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."
}