The Parliamentary Powers and Privileges (Amendment) Bill, 2023 (Sen. Bill No. 37 of 2023)

REPUBLICOFKENYA

PARLIAMENT

SENATEBILLS

(BillNo.37of2023)

THE PARLIAMENTARY POWERS AND PRIVILEGES (AMENDMENT) BILL, 2023

(A Bill published in the Kenya Gazette Supplement No. 157 of 1st Sept@nber,y2023 and passed by the Senate, with amendments, on 21s March, 2024.)

Short title.

Amendment of section2of No.29 of2017.

Act No.11 of 2011.

Amendment of section18of No.29 of2017.

(AMENDMENT) BILL,2023

ABill for

ANACTof Parliament toamend theParliamentary PowersandPrivilegesActtogiveeffecttoArticle 125 of the Constitution by operationalizing the powers of arrest byParliament and Article50 of theConstitutionon theright toafairhearingand connectedpurposes.

ENACTEDbytheParliamentofKenya,asfollows——

1. This Act may be cited as the Parliamentary Powers andPrivileges(Amendment)Act,2023. 2. 2.Section2oftheParliamentaryPowersand Privileges Act, in this Act referred to as the "principal Act", is amendedbyinserting the following newdefinitionsin theirproperalphabeticalorder-

"Inspector-General"means theholderof the officeoftheInspector-Generalappointedin accordancewithArticle245(2)(a)ofthe Constitution and theNationalPoliceServiceAct;

"police officer" has the same meaning assignedtoit under section 2of theNational PoliceServiceAct.

• 3.Section18oftheprincipalActis amendedby—
• (a)inserting gthefollowingnewsubsections immediately after subsection(2)-

(2A) The Clerk shall cause the summons tobeservedwithinsevendaysofreceiptofa directive under subsection (2).

• (b)inserting gthefollowingnewsubsections immediately after subsection (5)-

Amendment of section19of No.29 of2017.

• (5A) The person summoned shall be required to appear on the date specified in the summons, but not earlier than fourteen days from the date of receipt of summons.
• (5B)Despite subsection (5A)the relevant Houseoritscommitteemayrequireapersonto appear before it within a shorter period of time as itmaydetermine takinginto accounttheurgency ofthematterbeforetheHouseorCommittee.
• 4.Section 19 of the principal Act is amended -
• (a) in subsection (l) by deleting the words "five hundred thousand" appearing immediately after the words"fine not exceeding"and substituting therefore the words "two million";
• (b) by inserting the following new subsection immediately after subsection (1) -
• (lA)Awitnessshallbe givenan opportunity to be heard prior to imposition of the fine.
• (c)byinsertingthefollowingnewsubsection immediately after subsection (2) -
• (2A) The fine imposed in subsection (1) shallbea civildebtrecoverable summarilyin accordancewiththeDebts(SummaryRecovery) Act.
• (d)deletingsubsection(3)and substituting therefor thefollowingnewsubsection
• (3)Parliament or its committeemayorder the arrest of a person who fails tohonour a summons for purposes of --
• (a) enforcing appearance before the House or relevant committee;or
• (b) prosecution.
• (e) by inserting the following new subsections immediately after subsection (3)-

Amendment of section27of No.29 of2017.

Insertionofnew section32Ain No.29 0f 2017.

(4) The Clerk shall transmit the order of arrest to theInspector-Generalforexecutioninaccordance with theNational PoliceServiceAct.

(5)If the Inspector-General fails, without sufficient cause,to effect an order of arrest within seven days from the date of receiptof the order,the ordermaybeeffected by anofficer of therespective HouseofParliamentas shallbedirectedbythat Houseor Committee.

• (6)Where an order of arrest is tobeeffected by an officer of a House of Parliament, the InspectorGeneral shall, where requested by Parliament, assist theofficeroftheHousein theconductofthearrest.
• (7) A person arrested pursuant to an order of arrest under subsection (5) shall --
• (a) be held at --
• Parliament Police Station; or
• (ii)any other police station gazetted under section40of theNationalPoliceService Act,in the case of a person arrested outside Nairobi City County or its environs; and
• (b)be produced before court, or the House or Committeethatsummonedhimon thenext working day.

5. Section 27 of the principal Act is amended in subsection (2) by deleting the words "two hundred thousand" appearing immediately after the words "fine not exceeding"and substituting therefor the words "two million".

6. The principal Act be amended by inserting the following new sectionimmediately aftersection 32-

Responsibility for penalty.

32A.A person who is guilty of an offenceunderthisActshallbepersonally liable for any fine imposed and public fundsshall notbe used topaysuchafine.

Amendmentof section33of No.29 of2017.

7. Section 33 of the principal Act is amended by deleting subsection (2) and substituting therefor the following new subsection-

(2)In this section,"officer of a House of Parliament" means any officer acting under the orders of therespectiveSpeaker or dulyauthorizedbythe respective Clerk.

I certify that this printed impression is a true copy of the Bill as passed by the Senate on21st March,2024.

Endorsedforpresentation totheNationalAssemblyin accordancewiththe provisions of standing order 156 of the Senate Standing Orders.

SpeakerofNheSenate