ADVOKS GLOBAL · KENYA
Parliamentary 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 Parliament 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 Parliament or that committee or in respect of any proceedings or examination held before Parliament or that committee without special leave first obtained.(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 of the relevant House.(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 by Parliament or 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 Parliament.(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 as contemplated under Article 117 of the Constitution.