Kenyan MPs lose part of parliamentary immunity

A joint National Assembly and Senate sitting on March 27, 2014. MPs have lost immunity against being served with court papers at the House. PHOTO | FILE |

What you need to know:

  • The court found that disputed law does not specify nature of decisions or immunity in performance of legislators’ duties.

  • The judge described that law as a finality clause, which restricts or eliminates judicial review.

The High Court has declared sections of parliamentary privileges law unconstitutional.

Justice John Mativo on Monday ruled that Sections 7 and 11 of the Parliamentary Powers and Privileges Act are inconsistent with parts of the Constitution.

DECISIONS

The two sections had protected lawmakers from being served with court documents within the precincts of Parliament.

"Parliamentary immunity is not an individual privilege granted to members of Parliament for their personal benefit but rather for the people and the institution which represents them," ruled Justice Mativo.

The said impugned sections of the Act had also barred anyone from challenging in court decisions made by Parliament or its committees.

The court found that disputed law does not specify nature of decisions or immunity in performance of legislators’ duties.

The judge described that law as a finality clause, which restricts or eliminates judicial review.

He pointed out that in this era, the Constitution is supreme— not Parliament, the executive or the judiciary.

The disputed law was assented to by President Kenyatta on July 21, 2017 and took effect from August 16, 2017 but the said Act was first passed on October 22, 2015.

In March last year, the president also assented to a bill that granted immunity to county assemblies, just like Parliament.

The judge, however, ruled that the president did not violate the Constitution when he assented to that bill.