Parliament to appeal ruling on MPs protection law

National Assembly Speaker Justin Muturi

Parliament is set to appeal a High Court ruling stripping members, staff and journalists of immunity when conducting its affairs in the committees.

National Assembly Speaker Justin Muturi yesterday faulted Judge John Mativo’s ruling, saying if left unchallenged, it would stall the operations of the August House.

Muturi, who is also the Parliamentary Service Commission chairman, explained that decisions of committees are not final until adopted by either Houses.

He spoke of the importance of the doctrine of separation of powers as stipulated in the Constitution, cautioning that exposing the MPs would amount to injuncting the House.

“We are going to appeal this ruling. We welcome the positive comments by the judge, however, it is important to note that the committee sittings are an extension of the House. The reports can be amended on the floor, rejected or deleted,” said Muturi when he spoke to The Standard.

He warned that any interventions by the courts would stall parliamentary work.

“The deliberations of the committee are not final. Opening avenues to serve members, staff and block journalists from covering the proceedings within the premises of Parliament is preposterous and has never happened in any jurisdiction."

Muturi said the courts should allow the Legislature to do its work and then interpret the laws.

Justice Mativo in his ruling has cited Sections 7 and 11, on immunity of MPs, employees and journalists covering the House from being served with court orders whenever they are within the premises of Parliament.