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{
    "id": 580105,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/580105/?format=api",
    "text_counter": 236,
    "type": "speech",
    "speaker_name": "Hon. Keynan",
    "speaker_title": "",
    "speaker": {
        "id": 41,
        "legal_name": "Adan Wehliye Keynan",
        "slug": "adan-keynan"
    },
    "content": "Taking into account that this is also a deliberative House, the fact that we prepared and brought a Bill; had the guts and the opportunity to sit down, reflect, contextualize it, synthesize it and eventually come up with this format; required a lot of time. Hon. Temporary Deputy Speaker, the Bill is now before the House. Therefore, I do not want to see an hon. Member lamenting. The Bill is theirs, and they have unfettered rights to introduce any amendments to add or delete any of the provisions contained therein. They can introduce further new clauses. That is the work of the Legislature. The only thing I would like to bring to the attention of hon. Members is the fact that this is neither a new phenomenon nor a phenomenon that is peculiar to Kenyans. At one time, some Members of Parliament went to court to stop the then Minister for Finance, Hon. Musalia Mudavadi, from presenting the Budget. I am referring to High Court Case No.152 of 1997, in the matter of Hon. Kiraitu and six others versus Hon. Musalia Mudavadi. The High Court then noted that the plaintiff had sought a permanent injunction to restrain the Speaker of the National Assembly from permitting debate on the Financial Statement by the then Minister for Finance. The Honourable Justice ole Keiwa held that under Section 4 of the Parliamentary Powers and Privileges Act, Parliament has absolute immunity from process and, therefore, a Member of Parliament cannot sue or be sued for what they speak in Parliament. That is one Kenyan case. Prior to that case, there was High Court Case No. 394 of 1993 in the matter of Hon. Odinga versus Hon. Francis ole Kaparo, which served as a precedent. Eventually, the court upheld the same position. There was another interesting case in the United Kingdom (UK) between the Stockdale versus Harvard in 1839, and the court ruled: “Beyond any dispute, it is necessary that all proceedings of the House of Parliament should be entirely free – that is, whatever was said or done in either House of Parliament should not be liable to examination elsewhere. Therefore, this is something which affects almost all civilised parliamentary democracies. I would also like to mention another case in the United States, concerning a congressman accused of conspiracy to defraud the US people on the basis of the speech he made on the Floor of the House. On appeal, it was held that the judge was barred by free speech and the debate closed. What I am trying to say is that this is not cast in stone. This Bill belongs to this House. Hon. Members own it. I have got the comments of the Members on every clause. I am glad that this Bill will be committed to the Departmental Committee on Justice and Legal Affairs for them to scrutinize. At that stage, any hon. Member has a right to introduce an amendment either directly through the Committee or the Mover, or through the Speaker. Therefore, I plead with hon. Members to contextualize the comments they have made on this Bill in the form of amendments that will generate debate, so that the House will eventually pick what will add value to this important Bill. The import of this Bill is to give effect to Article 117 of the Constitution. I would like hon. Members and members of the fourth estate to reflect on the provisions of Clause 17. The clause clearly spells out areas where Members of Parliament may be deemed to have digressed from their main work and engaged in other things. It talks about contravention of Section 26, Chapter 26, Section 27(1) and Section 28 or Section 30. The The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}