ADVOKS GLOBAL · KENYA
Parliamentary Powers and Privileges Act
17. Determination of breach of privilege
Edition: 2022-12-31 · In force
17. Determination of breach of privilege
(1)The relevant House of Parliament shall have all the powers necessary for enquiring into and pronouncing upon any act or matter constituting breach of privilege in terms of section 16.(2)An enquiry by the relevant House of Parliament into a matter shall not preclude criminal investigation or criminal proceedings against a Member in connection with the matter concerned.(3)Where the relevant House of Parliament finds that a Member has committed a breach of privilege, the relevant House of Parliament may, in addition to any other penalty to which the Member may be liable under this Act or any other law, impose any or more of the following penalties—(c)an order to apologize to the House or a person in a manner to be recommended by the Committee of Powers and Privileges;(d)the withholding, for a specific period of time, of the member’s right to the use or enjoyment of any specified facility provided to Members by Parliament;(e)the removal or suspension for a specified period of time of the Member from any parliamentary position occupied by the Member;(f)such fine in terms of the Member’s monthly salary and allowances as the House may determine;(g)the suspension of the Member for such period as the House may decide, whether or not Parliament or any of its committees is scheduled to meet during that period;(h)vacation of seat pursuant to Articles 75(2)(b) and 103(1)(c) of the Constitution.(4)Where the relevant House of Parliament finds a member has committed a breach of privilege, the relevant House of Parliament may, where appropriate, instead of or in addition to the imposition of a penalty under subsection (3), refer the matter to the Director of Public Prosecutions.(5)A fine imposed under subsection (3) shall—(a)be paid by the member into such bank account of Parliament as shall be specified by the accounting officer of Parliament;(b)be deducted from the Member’s salary; or(c)where it is not recovered under paragraphs (a) or (b), be recovered by means of a civil action in court.(6)A member who has been suspended under subsection 3 (g) shall leave the precincts of Parliament and shall not, during the period of suspension, without the written permission of the Speaker—(a)enter the precincts for whatever purpose; or(b)participate in any activity of Parliament or a committee of Parliament.(7)The protection of right to property under Article 40 and the right of access to justice under Article 48 of the Constitution shall be limited as specified under this Part—(a)for the purposes of protecting the privileges and immunities of the Houses and committees of Parliament conferred by this Act in accordance with Article 117 of the Constitution;(b)for facilitating the orderly conduct of business and affairs of Parliament.