Parliamentary Powers and Privileges Act

This Act may be cited as the Parliamentary Powers and Privileges Act.

Provides an interpretation describing "all things said, done or written" by Members, officers of either House of Parliament, or persons ordered or authorised to attend before a House or its committees during sittings for transacting the business of the House or its committees.

Sets out what areas count as the precincts of Parliament, including chambers, parts of buildings and their entrances and grounds, committee rooms and meeting places, parliamentary offices and their internal places for members/staff/public/press, places for use or accommodation in connection with proceedings, other buildings or leased premises used for parliamentary proceedings, and any other areas the Speaker designates; also states the Act applies when Parliament or a committee sits outside its ordinary premises.

An officer of a national security organ may enter upon or remain in the precincts of Parliament to perform functions of that organ.

A member of the public may access specified places within the precincts of Parliament, subject to the Act, the Standing Orders and any orders or directions issued by the Speaker.

Members are exempt from arrest for civil debt while going to, attending, or returning from a sitting of Parliament or a committee, except where the debt's contraction is a criminal offence.

Service of civil process is restricted in the precincts of Parliament, with specified exceptions for persons employed within the precincts and for attachment of a member's salary; the right of access to justice under Article 48 is limited as specified to facilitate parliamentary business.

The Speaker may designate areas near Parliament where members of the public may assemble, demonstrate, picket or present memoranda; the Speaker may issue guidelines for such activities; persons acting contrary to the section may be removed on the direction of the Speaker, authorized staff or police.

If a Member is sentenced to at least six months' imprisonment, adjudged of unsound mind, adjudged bankrupt, found to have misused a State or public office, or to have contravened Chapter Six of the Constitution, the disqualification decision does not take effect until all appeals or reviews are exhausted.

Courts must not question proceedings or decisions of Parliament or the Committee of Powers and Privileges made in accordance with this Act.

Members, certain parliamentary officers and staff have immunity from civil or criminal proceedings for acts or words related to parliamentary proceedings.

Members, staff, and minute-takers must not give evidence about parliamentary minutes, documents, or proceedings without first obtaining special leave; special leave may be granted by the Speaker or, if the Speaker is absent or incapacitated, the Clerk during a recess or adjournment. Grounds for refusal are listed in subsection (3).

Parliament or a committee has the power to hear, admit or receive oral evidence.

Members of Parliament are entitled to the same privileges and immunities in a joint sitting of the two Houses as apply in each House.

Establishes the Committee of Powers and Privileges, its membership, that it shall regulate its own procedure, its functions including inquiry into alleged breaches of privilege, and timetables for inquiries and tabling findings (fourteen days).

An aggrieved person (not a Member) may ask the Clerk in writing to record and publish their response to a statement or remark made in or before Parliament or a committee; the Committee of Powers and Privileges must consider that request (subject to Standing Orders) and recommend measures to comply with Article 35(2) of the Constitution.

The House of Parliament may, by resolution, extend a prescribed time for an act or proceeding by up to fourteen days, subject to limits including once per session and exceptional circumstances certified by the Speaker.

The Speaker of either House may issue orders as necessary for carrying out the Act; the Clerk must authenticate and exhibit those orders to members and the public.

The repeal does not affect privileges or immunities acquired under the repealed Act, and the prior National Assembly (Powers and Privileges) Act is deemed to have applied to the Senate with necessary modifications.

Section 16 states that conduct constituting breach of privilege contravenes sections 25, 26 or 28.

The relevant House of Parliament has powers to enquire into and pronounce on breaches of privilege and may impose penalties or refer matters to the Director of Public Prosecutions; an enquiry does not prevent criminal investigations, and fines may be paid by the member, deducted from salary, or recovered by civil action.

Parliament or its committees may invite or summon any person to appear and require evidence or documents; they have the same powers as the High Court; serving officers must swear and attach an affidavit of service; knowingly swearing a false affidavit is perjury.

If a summoned witness does not appear or fails to satisfy the House or committee, the relevant House or committee may impose a fine (not exceeding five hundred thousand shillings); a person may pay that fine to the Clerk; and Parliament or its committee may order arrest of a person who fails to honour a summons.

Provision text: "cause such witness to be examined on oath"

Section 21 grants summoned persons the same rights as court witnesses; requires persons examined under oath to answer questions and produce documents even if self‑incriminating; prevents use of such parliamentary evidence outside Parliament except for perjury or related criminal charges; and states Article 50 fair hearing rights are limited for parliamentary speech and debate under Article 117.

The Speaker may either excuse a witness from answering or producing documents, or may order them to answer or produce the documents where they refuse on grounds of privacy or irrelevance.

Public officers must produce documents and give evidence before Parliament or its committees when it relates to correspondence of national security organs, independent commissions, or public offices.

A person is exempt from civil or criminal liability for publishing any journal by order or under the authority of Parliament or a committee.

Section 25 lists categories of journals described as unauthorized publishing and provides that if a court is satisfied an extract or abstract was published bona fide and without malice, judgment or verdict shall be entered for the defendant or accused.

Subsection (1) lists acts that are prohibited in the precincts of Parliament and in relation to members and staff; subsection (2) makes a person or member who contravenes subsection (1) guilty of an offence punishable by a fine not exceeding five hundred thousand shillings or imprisonment not exceeding two years or both.

Persons summoned or called as witnesses must attend, be sworn or affirm, answer questions and produce required documents; refusing, giving false evidence, misleading or obstructing related proceedings or persons is an offence.

Section 28 makes it an offence for a person to contravene the section’s rules on improperly influencing members of Parliament or committees.

Court Registrar has a duty concerning the nature of the offence and the sentence imposed.

If a State officer is convicted of an offence under this Act, they are to be treated as having committed gross misconduct under Article 251(1)(b) of the Constitution.

Entering or attempting to enter parliamentary chambers or precincts in breach of the Act, failing to withdraw when ordered, or contravening admittance or conduct orders are offences; a person convicted of such an offence is liable to a fine not exceeding two hundred thousand shillings, or to imprisonment for a term not exceeding one year, or to both.

A person convicted of an offence under this Act is liable on conviction to a fine not exceeding five hundred thousand shillings, or to imprisonment not exceeding two years, or to both.

Every officer of a House of Parliament is entitled to the powers and privileges of a police officer for the purposes of this Act and the criminal law.

Every offence under this Act shall be cognizable to the police.