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{
    "id": 578783,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/578783/?format=api",
    "text_counter": 218,
    "type": "speech",
    "speaker_name": "Hon. Kaluma",
    "speaker_title": "",
    "speaker": {
        "id": 1565,
        "legal_name": "George Peter Opondo Kaluma",
        "slug": "george-peter-opondo-kaluma"
    },
    "content": "continues to exercise our minds as the citizens of this country who believe in the security of all and more so the security of the leaders of this nation serving in top positions like Cabinet Secretaries (CSs), has to pay for something he did in due discharge of his functions as an MP. That is why I am saying that let us really grant this immunity to MPs so that this becomes a free place of debate. Currently, the MPs exercise the sovereign will of the people of Kenya. When I speak I want to have the freedom. When I am on the base of the national values and principles, I want to have the freedom that the people of Homa Bay Town Constituency sent me to have here. I should not fear that when I say something, I will be charged with defamation and when I do this, I will be arrested and subjected to a difficult situation. Article 95 of the Constitution, today, gives us very wide powers, contrary to the thinking of Kenyans that we are only limited to legislation. Our primary obligation is representation. Recently, I accompanied Hon. Mutura to a police station simply because his constituents were sitting together protesting. As a leader, you have to join them. He went there and was arrested together with them and he was accused of incitement. I remember asking the police officers where they draw the line between an MP being there to commiserate, understand and listen to the problems of his people and find a solution around them, as the Constitution mandates him to do, and an MP who is seeking to incite. We have a situation where if we will not make this clear in law, we will not be able to discharge that obligation. That is why I am not limiting the proposed amendments just to Parliament. I am saying that be it the Senate, the National Assembly or the County Assemblies, whenever they are treating an issue of concern to the people they represent, let the courts wait. They must have the freedom to freely talk around these issues. If indeed they are harboured, it would not be right. They must have the freedom to talk about leadership of the country. Once they are done, let the courts, whether it is the High Court or any other court duly mandated in law, intervene to check what could be happening. I do not want to belabour this point. I beg the Members to consider this Bill. I am begging Kenyans outside there to understand. I have no problem with courts intervening over parliamentary work. There have been concerns, particularly from some constitutional commissions, that there are times when this could be a breach or violation of human rights. I am limiting this to the functions of Parliament. I am limiting this to be an immunity to be given to Parliament when it is proceeding with the exercise of the functions of Parliament. Violation of human rights is not a function of Parliament. The court can intervene on that. In the exercise of the sovereign will of the people as their representatives, I doubt if we can, for instance, sit here to take away the life of anybody. Even if it were to be life, I do not believe that in this Plenary we can bring a Kenyan and say we are killing him/her so that the court can be justified to intervene as we are proceeding. We want freedom to proceed. If we are to kill any Kenyan, I want to assure the people of Kenya outside there that that is not a function of Parliament and it is not the immunity that this Bill I have placed before Parliament seeks to do. I thank you, Hon. Deputy Speaker. I beg Hon. Kang’ata, the MP for Kiharu to second the Bill. I beg to move."
}