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{
    "id": 674710,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/674710/?format=api",
    "text_counter": 56,
    "type": "speech",
    "speaker_name": "Hon. Aluoch",
    "speaker_title": "",
    "speaker": {
        "id": 5,
        "legal_name": "John Olago Aluoch",
        "slug": "john-aluoch"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker. On behalf of the Chairman of the Departmental Committee on Justice and Legal Affairs, the Committee in which I have the privilege of serving, I beg to move that the County Assemblies Powers and Privileges Bill (Senate Bill No.14 of 2014) be now read a Second Time. The Departmental Committee on Justice and Legal Affairs has spent a lot of time looking at how we could actualise the provisions of Article 196(3) of the Constitution. This is the Article that gives the National Assembly the power to enact legislation and actualise that Article so that county assemblies can have the powers and privileges more or less framed along what the National Assembly enjoys. For Members to understand exactly what this is, I kindly make it clear that this Bill is for an Act of Parliament to give effect to Article 196(3) of the Constitution; to provide for the powers, privileges and immunities of county assemblies, their committees and members; to make provision regulating admittance to and conduct within the precincts of county assemblies; and for connected purposes. This Bill takes into consideration the National Assembly Powers and Privileges Act. In my humble view, debate on this Bill will give Members the chance to look at how we can improve the Act relating to our conduct in the Chambers, particularly looking at the conduct within these Chambers in the recent past and the penalties that the Speaker has had to impose on Members and how we can improve on them. You can remember the week before we went on recess, the Speaker indicated that the time had come for us to look at our Powers and Privileges Act again and look at how the Powers and Privileges Committee can better perform its duties. The Bill is divided into several parts and I wish to go through them quickly. Part II of the Bill in effect describes the precincts of the county assembly in the same way that our Act describes the precincts of Parliament, whether the assembly is sitting where it is constructed or outside the assembly buildings. Part III describes the privileges and immunities of Members of County Assemblies (MCAs). In my view, recently there are many county assemblies in our country that have not enacted legislation, but the few that have enacted legislation pertaining to privileges and immunities of their Members would understand that those powers and privileges only confine them to their assemblies and not outside the assemblies. When the National Assembly passes this Bill, it is going to have effect throughout the nation. Clause 8 of the Bill proposes that no civil or criminal proceedings may be instituted in any court or tribunal against an MCA by reason of any matter said in any debate, Petition, Motion or other proceedings of a county assembly. This is meant to give MCAs the freedom to discuss issues freely and not have fear that whatever they say in the chambers may be used against them later on. This is important because the MCAs are supposed to oversee county governments. Many of the MCAs do not have the educational standards equalising those of governors or members of the county executive committees. This will give MCAs the courage to speak freely about any matters before them. Part IV of this Bill talks to breach of privileges. It is established for each county assembly a committee known as the Committee on Powers and Privileges. The powers and privileges of this Committee are framed along what applies in the National Assembly and the Senate. Any breach of what is stipulated in this Bill will be dealt with by the committee of the county assembly. This is going to give the county assemblies the powers to administer these rules and 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."
}