The Parliamentary Powers and Privileges (Amendment) Bill, 2023
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Witnesses Must Receive 7 Days' Notice to Appear
Under the proposed Section 18 amendments, the Clerk of the relevant House must serve a summons within seven days of receiving a directive. Summonsed individuals must be given a minimum of seven days' notice from the date of receipt to appear, although committees retain the power to shorten this timeframe for highly urgent matters.
Maximum Summons Fines Escalated to KSh 2 Million
The Bill dramatically increases the financial penalties for non-compliance under Sections 19 and 27 of the principal Act:
- The maximum fine for failing to appear or satisfy a committee goes up from KSh 500,000 to KSh 2,000,000.
- The maximum fine for other witness offences (such as refusing to be sworn in, failing to produce documents, or obstructing officers) rises from KSh 200,000 to KSh 2,000,000.
- Any imposed fine will be treated as a civil debt recoverable summarily under the Debts (Summary Recovery) Act.
Structured Police-Backed Arrest Process Established
The Bill introduces a mechanism for enforcing appearance and prosecution. If a witness fails to honour a summons:
- Parliament or its committees can issue an order of arrest.
- The Clerk will transmit the order to the Inspector-General of Police for execution, or have it executed by an authorised parliamentary officer.
- Arrested persons must be held at designated police facilities and produced in court or before the summoning committee on the very next working day.
Right to Be Heard Enshrined Before Punishment
To comply with Article 50 of the Constitution regarding fair trials, the Bill inserts a new Section 19(1A). This provision guarantees that no witness can be fined for non-appearance without first being given an opportunity to be heard.
Bill No.
Senate Bills No. 37 of 2023
Gazette No.
Supplement No. 157
Sponsor
Godfrey Osotsi
Background
The Parliamentary Powers and Privileges (Amendment) Bill, 2023 seeks to amend the Parliamentary Powers and Privileges Act (No. 29 of 2017). The primary objective of the Bill is to give effect to Article 125 of the Constitution (which empowers Parliament to summon witnesses) while ensuring full compliance with Article 50, which guarantees the right to a fair hearing.
Key Amendments
Summons and Service Timelines
Section 18 of the principal Act is amended to establish clear rules for the serving of summonses:
- The Clerk must serve a summons within seven days of a directive from the Speaker or a committee chairperson.
- Summonsed individuals must be given at least seven days from the date of receipt to prepare and appear.
- Houses of Parliament or their committees may reduce this notice period in cases of extreme urgency.
Arrest and Enforcement Mechanics
Section 19 of the principal Act is amended to allow Parliament or its committees to order the arrest of individuals who ignore summonses for the purposes of enforcing appearance or prosecution.
- Orders may be executed by a police officer or an authorised officer of Parliament.
- Where the order is to be executed by a police officer, the Clerk will transmit it to the Inspector-General of Police.
- The Inspector-General is legally required to facilitate the arrest when requested by the Clerk.
Definition of House Officers
Section 33 of the principal Act is amended to specify that an "officer of a House of Parliament" means any officer acting under the orders of the respective Speaker or duly authorized by the respective Clerk.
New Obligations
- The Clerk of Parliament is obligated to cause summonses to be served within seven days of receipt of a directive.
- The Inspector-General of Police is obligated to execute and facilitate arrest orders issued by Parliament.
- Arrested Persons must be held in places specified under the National Police Service Act or designated by the Clerk and must be produced before a court or the summoning body on the next working day.
Penalties
- Failure to Satisfy Parliament/Committees (Section 19(1)): Subject to a fine not exceeding KSh 2,000,000 (increased from KSh 500,000). This fine is recoverable as a civil debt under the Debts (Summary Recovery) Act.
- Witness Offences (Section 27(2)): Failing to attend, refusing to take an oath, or failing to produce documents results in a maximum fine of KSh 2,000,000 (increased from KSh 200,000) or imprisonment for a term not exceeding six months, or both.
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