Mercy Mwai and Anthony Mwangi @PeopleDailtKe
Members of the National Assembly will tomorrow vote on an amendment to the Constitution that seeks to grant them total immunity from prosecution for decisions made during their tenure. The Bill, sponsored by Homa Bay Town MP Peter Kaluma, passed through the Second Reading.
The motion seeks to block the Judiciary from interfering with any discussion in the National Assembly, Senate or 47 County Assemblies until debate on the matter is concluded. The Constitution of Kenya (Amendment) Bill, 2015, received overwhelming backing with 247 members voicing their support. If approved, the amendment will be part of the Parliamentary Powers and Privileges Act that protect MPs from prosecution for their utterances on the floor of the House.
The bill, a constitutional amendment, requires the support of at least 233 members to sail through. The bill will now proceed to the Third Reading where members may introduce amendments, after which it will then be forwarded to the Senate.
Kaluma said representatives of the people should not be held liable for an act or suit in respect of anything done, or omitted to be done, in good faith in the lawful performance of the function of Parliament or County Assembly. The MPs argued courts should stay away from matters ongoing in Parliament “because they too do not interfere with matters in court”.
Lawmakers from Mount Kenya region supported the bill, protesting their “mistreatment” after they raided illicit brew dens only to be hauled before courts by brewers. Leading the onslaught, Mukurwe-ini MP Kabando wa Kabando, hailed the bill as one in the right direction, saying it will shield legislators acting in public interest from prosecution.
Kabando said his colleagues, who were acting on President Uhuru Kenyatta’s directive to raid alcohol dens, were now facing a barrage of legal suits filed by the targeted brewers for allegedly destroying property. “We were doing so in good faith and for the interest of our people and therefore should not be subjected to prosecution. We should be protected by law while acting in public interest,” he said.
But some legislators vowed to oppose the bill, saying some of their colleagues, who were facing suits ranging from corruption, land disputes and family matters including wife battery, were pushing it for selfish reasons. They say their colleagues caught in court cases were using the proposed legislation to block justice from taking its course.
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