New Bill seeks tougher penalties for state officers who ignore MPs’ summons

A new Bill before Parliament is proposing severe penalties for individuals who fail to honour parliamentary summons, including potential arrest, prosecution, and a fine of up to Sh2 million.

The Parliamentary Powers and Privileges (Amendment) Bill, 2023 seeks to strengthen the enforcement of parliamentary summons by introducing a more effective mechanism to summon witnesses, particularly those holding government positions at the national and county levels.

The Bill proposes that individuals who fail to appear as summoned will be subject to these enhanced penalties, marking a significant shift from the current Sh500,000 fine.

Vihiga Senator Godfrey Osotsi, the sponsor of the Bill, emphasised that the new provisions align with the constitutional requirement for the executive, constitutional commissions, and independent offices to report to Parliament on matters within their jurisdiction.

According to Osotsi, the Bill is necessary to hold relevant government officials accountable in order to protect the integrity and oversight powers of Parliament.

"The person summoned shall be required to appear on the date specified in the summons but not earlier than 14 days from the date of receipt of the summons," reads the Bill.

Shorter notice

However, it also allows parliamentary committees the flexibility to summon witnesses on shorter notice if the matter is deemed urgent.

The Bill's provisions target amendments to various sections of the Parliamentary Powers and Privileges Act, such as Sections 2, 18, 27, and 32.

Among the key proposals is the introduction of punitive fines for witnesses who fail to attend or appear but do not provide satisfactory testimony.

The fine can go to as high as Sh2 million, with the amount dependent on factors like the witness's personal circumstances.

Currently, the law allows Parliament to summon individuals, but enforcing such appearances has been a challenge due to a lack of control over law enforcement agencies.

The Bill aims to address this issue by granting Parliament and its committees the power to issue arrest orders for individuals who disobey summons.

If enacted, the Bill would also amend the existing provisions related to arrest orders, allowing the Inspector-General of Police, or an authorised Parliament official, to execute them.

Failure to enforce an arrest order within seven days would give Parliament the authority to take further action, potentially through a designated officer.

The proposed fines are also set to increase for witnesses who, without sufficient cause, fail to respond fully or provide requested documents. The new fine for non-compliance will range from Sh200,000 to Sh500,000.

Arrests

Additionally, the Bill outlines provisions for detaining individuals who fail to honour a summons.

Once arrested, they will be taken to the Parliament Police Station or another designated station, depending on their location.

The individual must then appear before the relevant parliamentary committee or be brought before the court on the next working day.

Osotsi stressed the importance of parliamentary oversight as a fundamental aspect of democratic governance.

"In the exercise of these powers, it is imperative that due process is followed, and that persons summoned are accorded a fair hearing," he stated, referencing Article 50 of the Constitution, which guarantees the right to a fair trial.

In his remarks, Osotsi pointed out that the Bill introduces specific provisions to ensure fair treatment for those summoned before Parliament, protecting their constitutional right to a fair hearing while reinforcing Parliament's role in holding government officials accountable.