THE PARLIAMENTARY POWERS AND PRIVILEGES (AMENDMENT) BILL, 2022
Status Timeline
Proposed
Done ยท 19 Sep 2026
Public Review
Done
Debate
Active now
Executive
Pending
Final
Pending
Structured Reporting on Parliamentary Resolutions
Introduces a new Part VIA to the Parliamentary Powers and Privileges Act, 2017. Within seven days of a resolution or committee report tabling, the Clerk of the relevant House must convey it to the 'responsible officer' (e.g., Cabinet Secretaries, County Governors, the Auditor-General, and the Controller of Budget). The officer must submit a progress report within 60 days.
Strict Court Process Service Rules inside Parliament
Replaces Section 7 of the Principal Act to prohibit the service or execution of civil court processes within parliamentary precincts while a House is sitting. It also prohibits service through the Speaker or staff members unless it specifically concerns the attachment of a Member's salary or does not involve a Member exercising personal duties.
Personal Liability and KSh 500,000 Fines for Inaction
Defines failure to submit the required implementation status reports as an offence under Section 23C. Convicted public officers face a fine of up to KSh 500,000, imprisonment for up to six months, or both. The fine must be paid personally, and the use of public funds for this payment is strictly prohibited.
Bill No.
Bill No. 5 of 2022
Gazette No.
Supplement No. 176 of 2022
Background
The Parliamentary Powers and Privileges (Amendment) Bill, 2022 seeks to amend the Parliamentary Powers and Privileges Act, 2017 (No. 29 of 2017). The primary objective of the Bill is to provide a structured, statutory mechanism through which Parliament is able to receive reports from public officers on the implementation status of resolutions and recommendations passed by the legislature.
Key Amendments
Restrictions on Service of Civil Processes (Section 7)
The Bill deletes the existing Section 7 of the Principal Act and replaces it with stricter rules regarding civil court processes:
- No civil process issued by any court may be served or executed within the precincts of Parliament while a House is sitting.
- No civil process may be served through the Speaker or any staff member unless it relates to the attachment of a Member's salary, or the subject matter relates to a Member exercising their personal duty.
- The right of access to justice under Article 48 of the Constitution is explicitly limited under this section to facilitate the conduct of business and the affairs of Parliament.
Repeals and Corrections (Sections 11 and 16)
- Section 11 of the Principal Act is deleted entirely.
- Section 16(d) is amended to correct a statutory cross-reference, substituting "38" with "37".
New Obligations
Distribution and Reporting Timelines (Part VIA)
- Clerk Obligations: The Clerk of the relevant House must convey any resolution or committee report to the designated "responsible officer" within seven days of its passage or tabling.
- Responsible Officer Obligations: Within 60 days of receiving the resolution (or a timeline specified by House resolution), the responsible officer must submit a status report details actions taken to implement the recommendation, or written justifications explaining inaction.
- Responsible Officers Defined: Under Section 23A, this includes Cabinet Secretaries, County Governors, Chairpersons of Constitutional Commissions, the Auditor-General, the Controller of Budget, and accounting officers of corporate bodies.
- Consolidated Reporting: Under Section 23D, the Speaker may direct a responsible officer to submit a single consolidated report if feedback is sought on multiple concurrent resolutions.
Penalties
Non-Compliance Penalties (Section 23C)
- A responsible officer who fails to submit the status report within the mandated timeframe commits an offence.
- Upon conviction, the officer is liable to a fine not exceeding KSh 500,000, imprisonment for a term not exceeding six months, or both.
- The Bill mandates that the convicted individual is personally liable for the fine, explicitly stating that public funds shall not be used to pay it.
Gazettement
The Bill was published in Kenya Gazette No. 176 on 8th November 2022.
Bi-cameral Consideration
The National Assembly received a message from the Senate regarding the Bill on 22nd June 2023.
First Reading
The Bill was read a First Time in the National Assembly on 27th June 2023.
Second Reading
The Bill was debated at the Second Reading stage on 1st and 2nd July 2026.