THE PARLIAMENTARY POWERS AND PRIVILEGES (AMENDMENT) BILL, 2023
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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.
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.
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.
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.
Bill No.
Bill No. 37 of 2023
Gazette No.
Supplement No. 157 of 2023
Background
The Parliamentary Powers and Privileges (Amendment) Bill, 2023 seeks to amend the Parliamentary Powers and Privileges Act, 2017 (No. 29 of 2017). The primary purpose of the Bill is to operationalize the powers of arrest granted to Parliament under Article 125 of the Constitution of Kenya, while ensuring alignment with the right to a fair hearing under Article 50 of the Constitution.
Key Amendments
- Definition of Terms: Section 2 of the principal Act is amended to insert the definition of "Inspector-General" (as appointed under Article 245 of the Constitution) and "police officer" (as defined under the National Police Service Act).
- Powers of Arrest: Amends Section 19 to allow Parliament or its committees to order the arrest of any person who fails to honor a summons, either to enforce their appearance or for prosecution.
- Detention Framework: Arrested persons must be held at the Parliament Police Station or a gazetted police station under Section 40 of the National Police Service Act if arrested outside Nairobi County. They must be presented before a court or the summoning committee on the next working day.
- Scope of Parliamentary Officers: Amends Section 33 to define an "officer of a House of Parliament" as any officer acting under the orders of the Speaker or authorized by the Clerk.
New Obligations
- Summons Timelines: The Clerk is obligated to serve a summons within seven days of a directive. A witness must be given at least 14 days' notice to appear from the date of service, unless the House or committee declares the matter urgent.
- Right to be Heard: Imposes an obligation on Parliament to grant a witness an opportunity to be heard before imposing any fine.
Penalties
- Fine Increases: Raises the maximum fine under Section 19(1) (failure to comply with summons/orders) and Section 27(2) (various offences) to KSh 2 million.
- Debt Recovery: Fines are summarily recoverable as civil debts under the Debts (Summary Recovery) Act.
- Personal Liability: Inserts Section 32A, declaring individuals personally liable for fines and banning the use of public funds to cover penalties imposed under the Act.
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