New Bill gives MCAs immunity over county proceedings

Members of the 47 county assemblies react during a forum at Bomas of Kenya on August 23, 2014. MCAs) will not be held responsible for what they say within the precincts of County Assemblies, if a Bill before the Senate is passed and becomes law. FILE PHOTO | WILLIAM OERI |  NATION MEDIA GROUP

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By DENNIS ODUNGA
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Members of the County Assemblies (MCAs) will not be held responsible for what they say within the precincts of County Assemblies, if a Bill before the Senate is passed and becomes law.

The County Assemblies Powers and Privileges Bill, which is in its Second Reading also seeks to restore sanity in the County Assemblies where cases of fights have been witnessed as it provides for a committee to discipline such members.

The proceedings or decisions of the County Assemblies shall not be challenged in any court and no court orders shall be served within the precincts of the assembly while it is in session.

“No civil or criminal proceedings shall be instituted against any member for words spoken before or written in a report to a county assembly or a committee,” the Bill drafted by Senate Majority Leader, Prof Kithure Kindiki (Tharaka Nithi) says.

A member shall not be liable to arrest for a civil debt while the member is going to, attending or returning from a sitting of a County Assembly or a committee of the assembly.

DISCHARGE OF COUNTY FUNCTIONS
The Bill provides that a person, who assembles, demonstrates or pickets contrary to the established regulations may be removed from the precincts of a County Assembly.

Prof Kindiki said parliamentary privileges and immunities are important to ensure effective discharge of functions at the counties.

“County Assemblies are legislative governments of one level of government. They are not inferior governments,” said Prof Kindiki.

However, the Bill does not exclude MCAs from being accountable but shields them when discharging their functions in accordance with the law.

The Bill outlaws discussing matters active before the courts and making utterances that are defamatory to those not in the House to reply.

Senate Minority Leader Moses Wetang’ula (Bungoma, Ford-K) said the Bill replicates powers and Privileges of MPs that have been cascaded down to the counties and members of Country Assemblies are entitled to powers and privileges.

“The Bill remains a beacon of security for MPs and we must give it to Members of County Assemblies. Fist fights and flying chairs will be a thing of the past at the county assembly’s chambers,” said Mr Wetang’ula.

He said the bill would enable County Assemblies members speak without fear or favour especially on matters touching on corruption, land grabbing and lack of accountability.

Senator Otieno Kajwang’ (Homabay, ODM) said the Bill would help improve access to information as the County Assembly or its committees will have powers to summon any person to appear as a witness to provide information.

A committee of powers and privileges established for each county will monitor MCAs who go against established rules and shall w