ADVOKS GLOBAL · KENYA
County Assemblies Powers and Privileges Act
13. Giving evidence of proceedings
Edition: 2022-12-31 · In force
13. Giving evidence of proceedings
(1)No Member or member of staff, and no person employed to take minutes of evidence before a county assembly or any committee, shall give evidence in any court, tribunal or elsewhere in respect of the contents of those minutes of evidence or of the contents of any document laid before a county assembly or that committee or in respect of any proceedings or examination held before a county assembly or that committee without special leave first obtained from the county assembly.(2)The special leave referred to in subsection (1) may be granted during a recess or adjournment by a Speaker, or in the absence or other incapacity of the Speaker, the Clerk.(3)Subject to the provision of Article 35 of the Constitution and to any written law relating to data protection and freedom of information for the time being in force, the special leave referred to in subsection (1) may be declined where—(a)the request is unreasonable in the circumstances;(b)the information requested is at a deliberative stage in a county assembly or in a committee;(c)there is failure to pay such fee as may be reasonably required in the circumstances; or(d)the applicant fails to satisfy any confidentiality requirements by a county assembly.(4)The right of access to information under Article 35 of the Constitution shall be limited to the nature and extent specified under this section for purposes of facilitating freedom of speech and debate in the county assembly as contemplated under Article 33 of the Constitution.