The Parliamentary Powers and Privileges (Amendment) Bill Senate Bill No. 5 of 2022

REPUBLICOFKENYA

PARLIAMENT

SENATE BILLS

(Bill No. 5 of 2022)

THE PARLIAMENTARY POWERS AND PRIVILEGES (AMENDMENT) BILL, 2022

(A Bill published in the Kenya Gazette Supplement No. 176 of 8h November, 2022 and passed by the Senate, with amendments, on 13"h June, 2023.)

THEPARLIAMENTARYPOWERSANDPRIVILEGES (AMENDMENT)BILL,2022

A Bill for

• ANACTof ParliamenttoamendtheParliamentaryPowersand Privileges Act toprovidea structuredmechanism through which Parliament is able toreceivereports from publicofficers on the resolutionspassed byParliament;and for connectedpurposes.

ENACTEDbytheParliamentofKenya,asfollows

Short title.

1. This Act may be cited as the Parliamentary Powers and Privileges (Amendment) Act, 2022.

Amendment Jo section 7of No.29 of2017.

• 2.The Parliamentary Powers and Privileges Act, hereinafter referred to as the principal Act is amended by deletingsection7 andsubstitutingtherefor thefollowingnew section—

Service ofcivil processes.

• 7 (1) No process issued by any court in the exercise ofits civil jurisdictionshall be served or executed-

• (a) withintheprecinctsof Parliament while a House of Parliament is sitting;

• (b) through theSpeaker or anymemberof staff—

• (i) unless it relates to the attachment ofaMember's salary; or

• (ii) if the subject matter relates to a Member exercising their personal duty.

• (2)Subsection (l)(a) shall not apply to servicemadetoamemberofstaffofParliament authorised toreceiveservice onbehalf of

• (a) either House of Parliament;or

• (b) the Parliamentary Service Commission.

• (3)The right of access to justice under Article48of theConstitutionshallbelimited as

Deletion of section 11ofNo.29of 2017.

Amendment of section16of No. 29 of2017.

Insertionofnew ParttoNo.29of 2017.

specified under this section for the purposes of facilitatingtheconductofbusinessand theaffairs ofParliament.

3. The principal Act is amended by deleting section 11. 4. Section 16 of the principal Act is amended in paragraph (d) by deleting the expression "38" appearing immediately after the words "under section" and substituting therefor the expression "37". 3. 5.The principal Act is amended byinserting the following new Partimmediately afterPartVI—

PARTVIA-REPORTSONACTIONTAKEN ONPARLIAMENTARYRESOLUTIONS

Interpretation

Reports on Parliamentary Resolutions.

23A.In this Part,"responsible officer"means -

• (a) a Cabinet Secretary;
• (b) a county governor;
• (c) the chairperson of acommission establishedunder the Constitution;
• (d) the Auditor-General;
• (e) the Controller of Budget;
• (f) the chairperson and the accounting officer of a corporate body; and
• (g) a public officer to whom a resolution or reportof aHouse or a Committeeof Parliamentis submitted in accordance with this Act.
• 23B.(1)TheClerkof therelevantHouse shall, withinsevendaysofaresolutionoftheHouseor of thetablingof areportof aCommitteeof the House, convey the resolution or a copy of the report, as the case may be,to the responsible officer under whose portfolio the implementation oftheresolutionorrecommendationofthe Committee falls.
• (2)The responsible officer shall submit a

Penaltyfor failure to report to Parliament.

Consolidated report.

Provisionnot to limit discretionof Parliament.

statusreporttotherelevantCommitteewithin sixty days from thedatetheresolutionis conveyed or within such period as shall be specified by a resolution of the House.

• (3)A report under subsection (2) shall contain informationon
• (a) the action taken togiveeffect to the resolutionorrecommendationofa report submitted under subsection (1); and
• (b)where no action has been taken on a resolutionorrecommendationofa report, the reason for such inaction.
• (4) The relevant Committee may,upon the writtenrequest of the responsible officer,extend theperiodforsubmissionofareportunder subsection (2) by such days and on such conditions as the Committeemay consider necessary.
• 23C.(l) A responsible officer who fails to complywithsection23Bcommits anoffence and is liable,onconviction,to a fine not exceeding five hundred thousand shillings or to imprisonmentfor a termnotexceedingsixmonths or toboth.
• (2)Apersonliablefor anoffenceunder subsection(1) shall bepersonally liablefor thefine andpublic funds shall not beused to pay such a fine.
• 23D. Where a response is sought on the implementationofmore than oneresolution of a House of Parliament, the relevant Speaker may direct that the responsible officer submits a single reporton thestatusofimplementationof all the resolutions.
• 23E.This Part does not limit the power of Parliament to require informationfrom any public officer in accordance with the Constitution or any other law.

I certify that this printed impression is a true copy ofthe Bill as passed by the Senateon13thJune,2023.

ClerkoftheSenate

EndorsedforpresentationtotheNationalAssemblyinaccordancewiththe provisions of standing order 161 of the Senate Standing Orders.

SpeakeroftheSenate