The Parliamentary Powers and Privileges (Amendment) Bill, 2023 sponsored by Sen. Godfrey Osotsi  and co-sponsored by  Hon. Jack Wamboka in the National Assembly has undergone first reading.

The Parliamentary Powers and Privileges (Amendment) Bill, 2023 seeks to amend the Parliamentary Powers and Privileges Act to provide clarity on how the powers of arrest are to be exercised by Parliament and its Committees, and to guarantee persons who fail to appear the right to a fair hearing prior to any adverse action being taken against them. 

The Bill amends the procedures for issuing a summons and provides for the execution of an order of arrest by a police officer or an officer of a House of Parliament.

The Parliamentary Powers and Privileges (Amendment) Bill, 2023  intends to give effect to Article 125 of the Constitution, which grants Parliament the power to summon any person to appear before it, as well as power to enforce the attendance of witnesses, as well as Article 50 which guarantees the right to a fair hearing.

The Bill will therefore entrench best practices in the exercise of powers of Parliament specifically the powers to summon and arrest a person.

Clause 3 of the Bill amends Section 18 of the Act to provide for the issuance of a summons to a person required to appear before a House or its Committee. The amendment requires the Clerk to specify the date of appearance, which should be at least seven days from the date of receipt of the summons, and to cause the summons to be served within seven days of receipt of a directive under subsection (2). The House or Committee may require a person to appear before it within a shorter period as it may determine, considering the urgency of the matter.

Proposed amendment to Section 19 of the existing Act to enhance the fine for non-appearance before the House or Committee of the House from KShs.500,000/- to KShs.2,000,000/-. It further provides for the right to be heard prior to imposition of the fine and, additionally, that the fine will be a civil debt recoverable in accordance with the Debts (Summary Recovery) Act, Cap 42 of the Laws of Kenya.

If enacted, the execution of an order of arrest is to be done by a police officer or an officer of a House of Parliament. Where an order of arrest is to be effected by a police officer, the Clerk shall transmit the order to the Inspector-General for execution. Where an order of arrest is to be effected by an officer of a House of Parliament, the Inspector-General shall facilitate the arrest as may be requested by the Clerk.

Additionally, persons who have been arrested may be held either at a place designated under the National Police Service Act (i.e., gazetted police station) or at a place designated by the Clerk. The person is to be produced before either the court, or the House or Committee of the House that summoned him on the next working day.

Clause 5 of the Bill amends section 27 of the Act to enhance the fine that may be imposed by the Court for someone convicted for non-appearance before the House or House Committee from Kshs.200,000/- to KShs.2,000,000/-

In the long-term, the Bill will therefore advance the rule of law and constitutionalism by virtue of the due process safeguards that it creates. Additionally, enhancing the fines chargeable makes it costlier for persons who fail to appear when summoned, thus ensuring that they are more likely than not to honour summons.