MPs were on Monday dealt a major blow after the High court declared sections of a law that gave them immunity and privileges as unconstitutional.
Justice John Mativo, in a judgment, said section 7 and 11 of the Parliamentary powers and privileges Act, 2017 is inconsistent with the constitution.
The judge while deciding in a petition filed by former LSK boss Apollo Mboya said the sections contravenes section 1, 2, 3, 10, 19, 20, 21, 1 22, 23, 24, 48, 50 93 2 94, 4 159, and 258 of the constitution.
“It is my finding that the ouster clauses offends the constitutional principle of the rule of law because an aggrieved citizen is denied the possibility of access to the courts to challenge decisions affecting them," the judge said.
The law was assented to by President Uhuru and took effect from August 16.
Mboya had told the court that the President committed an illegality when assenting to the bill.
The lawyer had also argued that there was no public participation.
Mboya said the disputed law shields legal officers and staff of Parliament from being served with court documents hence purports to grant non-existent powers as well as immunity, which puts them above the law
What had been nullified:
Section 7:
Service of civil process
(1)
No process issued by any court in Kenya in the exercise of its civil jurisdiction shall be served or executed—
(a)
(b)
through the Speaker or any officer of Parliament—
(i) unless it relates to a person employed within the precincts of Parliament or to the attachment of a member's salary; or
(ii) if the subject matter relates to a member or members exercising their personal duties.
The right of access to justice under Article 48 of the Constitution shall be limited as specified under this section for the purposes of facilitating the conduct of business and the affairs of Parliament.
Proceedings not to be questioned in courts
No proceedings or decision of Parliament or the Committee of Powers and Privileges acting in accordance with this Act shall be questioned in any court.
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