The Parliamentary Powers and Privileges (Amendment) Bill, 2022
Status Timeline
Proposed
Active now
Public Review
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Debate
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Executive
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Final
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Alternative Committee Chairs Allowed
Amends Section 15 of Act No. 29 of 2017 to allow the Speaker of either House to designate another Member to chair the Committee of Powers and Privileges. It also updates the terminology within quorum provisions from "Speaker" to "Chairperson" to accommodate designated chairs.
New Merit-Based Member Selection Criteria
Introduces specific, clear standards that each House must consider when appointing members to the Committee of Powers and Privileges. These considerations include:
- Previous Service: History as Speaker, Deputy Speaker, Leader of Majority/Minority Party, or member of the Speaker's Panel.
- Service Duration: Cumulative service period in Parliament and the East African Legislative Assembly.
- Professional Qualifications: Backgrounds in law, public administration, mediation, arbitration, or other fields approved by the Speaker.
- Conduct History: Any record of gross disorderly conduct or breaches of the legislative code of conduct during the current term.
Mandatory Vice-Chairperson Role
Inserts a new subsection requiring that each Committee of Powers and Privileges select a vice-chairperson from among its existing members.
Bill No.
No. 36 of 2022
Gazette No.
Supplement No. 155 of 2022
Sponsor
Gladys Boss
Background
The Bill arises from resolutions of the 12th Parliament which adopted the 5th Report of the Procedure and House Rules Committee on Amendments to the Standing Orders. The primary goal is to ensure the Committee of Powers and Privileges can continue its oversight duties smoothly when the Speaker of a House is absent, and to standardize qualifications for members selected to serve on this critical committee.
Key Amendments
Amending Section 15 of the Parliamentary Powers and Privileges Act, 2017 (No. 29 of 2017)
- Chairperson Designation: Empowers the Speaker of the National Assembly and the Speaker of the Senate to designate a Member to chair their respective Committee of Powers and Privileges in their stead.
- Quorum Adjustment: Modifies the quorum provisions under subsection (2) to replace "Speaker" with "Chairperson," meaning a meeting remains validly constituted with the Chairperson (whether the Speaker or a designated Member) and the requisite number of other members.
- Vice-Chairperson Selection: Introduces a new requirement under subsection (1B) for each Committee to choose a vice-chairperson from its membership.
New Obligations
Selection Standards for House Committees
When selecting members to join the Committee of Powers and Privileges, each House is now legally obliged under the new subsection (1A) to take the following factors into account:
- Previous leadership or Speaker's Panel experience.
- Total cumulative service in the Kenyan Parliament or East African Legislative Assembly.
- Relevant professional or academic backgrounds (specifically law, public administration, mediation, or arbitration).
- Practical experience in parliamentary procedure.
- Any past records of gross disorderly conduct or code of conduct breaches by the member within that parliamentary term.
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