THE PARLIAMENTARY POWERS AND PRIVILEGES (AMENDMENT) BILL, 2023

1 Sep 2023 domainSenate Bill No. 37 of 2023 Gazette: Supplement No. 157 of 2023
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Status Timeline

Proposed

Active now

Public Review

Pending

Debate

Pending

Executive

Pending

Final

Pending

1

Parliament Authorized to Order Arrests of Defiant Witnesses

The Bill empowers Parliament or its committees to order the arrest of any person who fails to honor a summons.

  • Execution: Arrest orders are sent to the Inspector-General of Police. If the police fail to execute the arrest within 7 days without sufficient cause, an authorized parliamentary officer may carry it out instead.
  • Detention: Arrested individuals must be held at the Parliament Police Station (or another gazetted station if arrested outside Nairobi) and produced before a court or the summoning committee on the next working day.
2

Maximum Fines Scaled Up to KSh 2 Million

The Bill significantly increases financial penalties to deter non-compliance with parliamentary directives:

  • Section 19 and 27 Fines: The limit for fines is raised from KSh 500,000 and KSh 200,000 respectively to a maximum of KSh 2 million.
  • Fair Hearing: Witnesses are guaranteed an opportunity to be heard before any fine is imposed.
  • Recovery: Unpaid fines will be recovered as civil debts under the Debts (Summary Recovery) Act.
3

New Timelines Mandated for Summonses

To ensure fair administrative processes, the Bill introduces strict operating timelines:

  • Service: The Clerk must serve a summons within 7 days of receiving a directive.
  • Notice: Summoned individuals must be given at least 14 days from receipt to appear, unless the House or committee determines an urgent timeline is necessary.
4

Public Funds Banned from Paying Fines

A new Section 32A is introduced to enforce personal accountability for state officers and public servants.

  • Personal Liability: Any person found guilty of an offense under the Act is personally liable for the fine.
  • Use of Public Funds: The Bill strictly prohibits the use of public funds to pay any fine imposed under the Act.

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