Court blocks parts of law on MPs' immunity

The High Court on Tuesday suspended sections of the law that grant lawmakers immunity and privileges.

Justice John Mativo suspended parts of the 2017 Parliamentary Powers and Privileges Act, which mainly blocked service of court documents within the precincts of Parliament, following a suit filed on Monday by former Law Society of Kenya chief executive officer Apollo Mboya.

“Pending the hearing and determination of this case, a conservatory order be and is hereby issued suspending the operation of Sections 3, 7 and 11 of the Parliamentary Powers and Privileges Act,” Justice Mativo declared.

APPROVED
The disputed law was assented to by President Kenyatta on July 21 and took effect from August 16, but the Parliamentary Powers and Privileges Act was first passed on October 22, 2015.

In March, the President also assented to a Bill that granted immunity to county assemblies just like Parliament.

However, this has not been disputed in the suit.

CONSTITUTION

According to Mr Mboya, the disputed law shields legal officers and staff of Parliament from being served with court documents hence purports to grant non-existent powers as well as immunity, which essentially elevates them above the law.

“The Act makes Parliament supreme to the Constitution as a House of secrets beyond the reach of a court process and, by extension, members of the public,” he said.

In his case documents, he argued that the amendments made to that law contravened the Constitution, which is supreme and binds all persons, State organs and levels of government.

ILLEGAL
Mr Mboya has sued the National Assembly and the Senate and wants the three sections permanently declared null and void as well as inconsistent with the Constitution.

Justice Mativo ordered that the sued parties be served and set the mention for October 2.