New Bill gives MCAs immunity over county proceedings

Members of county assemblies (MCAs) will not be held responsible for what they say within the precincts of county assemblies, if a Bill before the Senate is passed and becomes law.

The County Assemblies Powers and Privileges Bill, which is in its second reading, also seeks to restore sanity in the county assemblies, where cases of fights have been witnessed, as it provides for a committee to discipline such members.

The proceedings or decisions of the county assemblies shall not be challenged in any court and no court orders shall be served within the precincts of the assembly while it is in session.

“No civil or criminal proceedings shall be instituted against any member for words spoken before or written in a report to a county assembly or a committee,” the Bill drafted by Senate Majority Leader Kithure Kindiki (Tharaka-Nithi) says.

DISCHARGE OF COUNTY FUNCTIONS

A member shall not be liable for arrest for a civil debt while the member is going to, attending or returning from a sitting of a county assembly or a committee of the assembly.

The Bill provides that a person who assembles, demonstrates or pickets contrary to the established regulations may be removed from the precincts of a county assembly.

Prof Kindiki said parliamentary privileges and immunities are important to ensure effective discharge of functions at the counties.

“County assemblies are legislative governments of one level of government. They are not inferior governments,” said Prof Kindiki.

However, the Bill does not exclude MCAs from being accountable but shields them when discharging their functions in accordance with the law.

DEFAMATORY UTTERANCES

The Bill outlaws discussing matters active before the courts and making utterances that are defamatory to those not in the House to reply.

Senate Minority Leader Moses Wetang’ula (Bungoma, Ford-K) said the Bill replicates the powers and privileges of MPs that have been cascaded down to the counties and members of country assemblies are entitled to powers and privileges.

“The Bill remains a beacon of security for MPs and we must give it to members of county assemblies. Fist fights and flying chairs will be a thing of the past at the county assembly’s chambers,” said Mr Wetang’ula.

He said the Bill would enable members of county assemblies to speak without fear or favour especially on matters touching on corruption, land grabbing and lack of accountability.

Senator Otieno Kajwang (Homa Bay, ODM) said the Bill would help improve access to information as the county assembly or its committees would have powers to summon any person to appear as a witness to provide information.

PROPOSED PENALTIES

A committee of powers and privileges established for each county would monitor MCAs who go against established rules and shall, within 14 days of the conclusion of an inquiry, table its findings in the relevant county assembly.

Penalties include removal or suspension for a specified period of time and a fine.

Senator Stephen Sang’ (Nandi, URP) said the Bill would restore sanity in the county assemblies and cited situations where members of the public or county assemblies had made attempts to raid assemblies to influence deliberations there.

“The impression created to suggest that county assemblies are under the ambit of the governors is wrong. County assemblies are not part of the county executive and governors should not assume that they head the assemblies,” said Mr Sang’.