MCAs could enjoy immunity if bill passed

Senate Majority Leader Kithure Kindiki Wednesday introduced a bill that seeks to grant MCAs immunity for utterances made within their assemblies.

Nairobi, Kenya: Members of the County Assemblies (MCAs) will be shielded from prosecution for the utterances they make in the precincts of their assemblies, if a Bill introduced in Senate is enacted into law.

Senate Majority Leader Kithure Kindiki Wednesday introduced to the house the County Assemblies Powers and Privileges Bill, 2014, which grants the assembly representatives similar immunities to those enjoyed by parliamentarians, significantly insulating them from any civil or criminal responsibility emanating from their contributions in the house.

“No civil or criminal proceedings may be instituted in any court or tribunal against a member of a County Assembly by reason of any matter said in any debate, petition, motion or other proceedings of a county assembly,” states the Bill.

The Kindiki Bill, which will now come up for debate also grants proceedings and decisions of the assembly, privileged status and will thus not be actionable or subjected to questioning by any court.

This proposal will remedy the shortcomings, which recently saw a High court in Kerugoya quash the decision by the county Assembly of Embu to impeach their Governor.

The stipulation is similar to that contained in another Bill also introduced in the Senate, granting proceedings and outcome of the two houses of Parliament immunity form court proceedings.

“No proceedings or decision of a county assembly or the committee of powers and privileges acting in accordance with this Act shall be questioned in any court,” the proposed law further states.

The bill proposes the creation of the committee of powers and privileges, to be chaired by the county Speaker, which will inquire into the conduct of a member whose conduct is alleged to constitute a breach of privilege.

The powerful committee is granted powers to even suspend a member from undertaking any duty in the house or even impose fines in terms of members’ monthly salary and allowances.