Senate crafts law to tame rogue MCAs

Members of Nairobi County Assembly march outside the assembly on June 4, 2014. The Clerk of Nairobi City County Assembly Mr Jacob Ngwele is back in office after he was reinstated by the Industrial Court. PHOTO | FILE

What you need to know:

  • The County Assemblies, Powers and Privileges Bill 2014 stipulates that assaulting, obstructing, molesting or insulting any member or staff as well as an attempt to compel any Member by force, insult or menace to support or not support any matter in the Assembly will constitute an offence.
  • The Speaker, the leaders of the Majority and Minority parties, chairpersons of committees and any MCAs cannot be sued for actions in the course of their duties.

Fistfights, insults, heckling and throwing of chairs at each other might be a thing of the past if a new law regulating conduct in County Assembles is enacted.

A Bill by the Senate stipulates a jail term of up to two years or Sh500,000 fine, or both, for county assembly members found guilty of misconduct in the county assembly.

The Bill is signed by the Leader of the Majority in the Senate Kindiki Kithure and is intended to regulate behaviour during debate.

MCAs have a history of violent and rowdy conduct. One of the most memorable recent incidents of indiscipline was at the Nairobi County Assembly in June where members fought after Speaker Alex ole Magelo ruled that the names of President Uhuru Kenyatta and Cord Leader Raila Odinga should not be introduced into debates following calls for national dialogue by the Opposition.

MCAs ATTACK SPEAKER

Two weeks later, MCAs in Machakos went for each other with fists, chairs and rotten eggs in the Chamber following differences over the venue of a meeting to discuss the budget.

In the melee, Speaker Bernard Mungata was assaulted and injured by members.

The County Assemblies, Powers and Privileges Bill 2014 stipulates that assaulting, obstructing, molesting or insulting any member or staff as well as an attempt to compel any Member by force, insult or menace to support or not support any matter in the Assembly will constitute an offence.

The Bill is currently with the Commission for Implementation of the Constitution.

The Bill also states that members will be liable if they attack or obstruct any member of staff.

An MCA would be prosecuted if he or she creates or takes part in any “disturbance which interrupts or is likely to interrupt the proceedings of a County Assembly or the committee sitting or fail or refuse to comply with an instruction by a duly authorised member of staff or a police officer, the Bill says in part.

“It is important to provide for the privileges and immunities of county assemblies in order to protect their authority, dignity and independence,” says the memorandum of objects.

Just like their colleagues in Parliament, county representatives cannot be served with court orders within the precincts of the County Assembly or in its committees.

CANNOT BE SUED

Debates in the assemblies will be privileged once the Bill becomes law. The Speaker, the leaders of the Majority and Minority parties, chairpersons of committees and any MCAs cannot be sued for actions in the course of their duties.

The immunity is extended to the clerks as well as other members of staff who will not be liable to be sued in a civil court or enjoined in any civil proceedings for their commissions or omissions in the discharge of their official duties

The Bill establishes the Committee of Powers and Privileges that will be charged with the responsibility of inquiring into the conduct of members and make recommendations on the action to take on a member in breach of County Assembly privileges.

It further spells out the penalties that can be meted out on a member found guilty of any misdeeds.

The Assemblies and their committees will have the powers of the High Court in issuing summons in matters they may be investigating.

Any county public officer who refuses to appear or produce the evidence demanded will have committed an offence and shall constitute grounds for removal from office.