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Bill to clarify parliamentary powers of arrest presented in National Assembly

Members of Parliament in Kenya.

By Hanifa Adan | 23 Apr 2024

The bill also aims to safeguard the rights of individuals who are summoned by Parliament or its committees but fail to appear.

The Parliamentary Powers and Privileges (Amendment) Bill has undergone its first reading at the National Assembly.

The Parliamentary Powers and Privileges (Amendment) Bill, 2023 in Kenya is aimed at making significant updates to the existing Parliamentary Powers and Privileges Act.

The amendment seeks to provide clearer guidelines on how the powers of arrest are to be exercised by Parliament and its Committees.

The bill also aims to safeguard the rights of individuals who are summoned by Parliament or its committees but fail to appear.

The amendment proposes ensuring that such individuals are granted a fair hearing before any adverse actions are taken against them.

The Parliamentary Powers and Privileges (Amendment) Bill, 2023, seeks to enhance and clarify the procedures surrounding the issuance of summons and the enforcement of arrest orders in relation to parliamentary proceedings.

The bill aims to make the legislative framework more consistent with the Constitution, specifically giving effect to Article 125 and Article 50.

Article 125 of the Kenyan Constitution gives Parliament the authority to summon any person to appear before it for the purposes of giving evidence or providing information. This includes the power to enforce the attendance of witnesses, which is crucial for the effective functioning of parliamentary oversight and legislative duties.

Article 50 ensures that every person has the right to a fair hearing before being deprived of constitutional rights or freedoms. This includes the right to be heard in a timely manner and the right to have the issue resolved by a competent authority.

By incorporating provisions that reflect the right to a fair hearing as outlined in Article 50, the amendment intends to ensure that those summoned or arrested under parliamentary orders are treated fairly and justly. This includes ensuring they are informed of the reasons for their summons or arrest, and are given an opportunity to respond or challenge the order in a competent judicial setting.