Kenyan MPs approve bill to shield themselves from prosecution

National Assembly members Wednesday overwhelmingly voted to shield themselves from prosecution for “anything done... in good faith” while on duty.

The MPs voted 242-5 for the bill to amend the Constitution to give them and MCAs immunity for every decision they take in the House and outside as long as they do it in “good faith”.

In a rare show of unity, the MPs were able to raise the huge numbers required to approve the constitutional amendment in the Third Reading. The Constitution requires a minimum of 233  ‘Yes’ votes for an amendment to go through. The bill was sponsored by Peter Kaluma (Homa Bay Town).

To raise the numbers, Speaker Justin Muturi had to use his immense powers under the Standing Orders to give MPs over 30 minutes to call each other to fill the debating chambers of the House and to lobby for the vote.

The House rules only require 10 minutes for MPs to get their colleagues to the debating chamber before the doors are closed for a vote.

He had already allowed 10 minutes, then following  fervent pleas from Leader of Majority Aden Duale (Garissa Township), the Speaker gave another five minutes.

But even after that, there were only 227 MPs in the House. He had to open the doors again.

“Because of the national importance of these bills, and given my discretion, I order that the bell be rang for another ten minutes... those of you with the responsibility of whipping your colleagues make sure you lobby as many of them to come to the House and pass these bills,” said Muturi.

Matters Pending

The number increased to 242 MPs and the Speaker directed the doors be locked so that no other MP entered the House.

The Speaker said the bill will stop the Judiciary from interfering with the processes before Parliament.

“Because of the importance of the business to be conducted, I have allowed even those without cards to vote,” he said.

The Bill also amends articles 117(1), 165(5) and 196(2) of the Constitution so as to prohibit the Judiciary from interfering with “matters pending consideration” before either House of Parliament, the county assemblies or any of their respective committees.

The Constitution of Kenya (amendment) Bill is now headed to the Senate for a second round of legislation.