County Assemblies Powers and Privileges Act

This Act may be cited as the County Assemblies Powers and Privileges Act.

Section 2 provides definitions for terms used in the Act, including Clerk, committee, Committee of Powers and Privileges, county assembly, county assembly service board, county public officer, journal, Member, member of staff, national security organ, Speaker, and Standing Orders.

Specifies what places are considered the precincts of a county assembly (chambers, parts of buildings, committee rooms, offices, places for members/public/press, and other related premises).

An officer of a national security organ is described as entering upon or remaining in the precincts of a county assembly for the purpose of performing any function of that organ.

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

Limits how civil process may be served in the precincts of a county assembly and provides a qualification on the right of access to justice for assembly business.

The Speaker can designate areas for public assembly, and members of the public may assemble, demonstrate, picket or present petitions to the county assembly subject to limits in this section; specified officials may remove persons acting contrary to the section.

Proceedings or decisions of a county assembly or the Committee of Powers and Privileges acting in accordance with the Act must not be questioned in any court.

Members and certain office-holders have immunity from legal proceedings for words spoken or written to a county assembly and for acts done in the discharge of their official functions.

A Member must not be arrested for a civil debt while going to, attending, or returning from a sitting of a county assembly or its committee.

Members, their staff and minute-takers must not give evidence about assembly minutes, documents or proceedings without special leave from the county assembly; the Speaker or Clerk may grant that leave (including during recess), and the right of access under Article 35 is limited as specified here.

A county assembly or a committee has the right to hear, admit or receive oral evidence.

Members of a county assembly are exempt from civil or criminal proceedings over things they say in assembly debates, petitions, motions or other proceedings.

If a Member is found to have contravened Article 193(2), the decision does not take effect for the purposes of Article 194(1)(g) until all appeals or reviews are exhausted.

The Committee of Powers and Privileges must investigate alleged breaches of privilege and table findings; county assemblies may act on the Committee's recommendations.

Section 16 states that conduct constituting breach of privilege contravenes sections 25, 26(1), 27 or 29.

Section 17 gives a county assembly the powers to inquire into and pronounce on breaches of privilege, lists penalties the assembly may impose, allows referral to the Director of Public Prosecutions, and sets how fines may be recovered.

County assemblies and their committees may invite or summon persons to give evidence or produce documents; they have High Court powers for this purpose; officers who serve summonses must swear an affidavit of service; knowingly swearing a false affidavit is perjury and may attract disciplinary action.

Examination of witnesses: cause such witness to be examined on oath

People summoned to give evidence or produce documents before a county assembly or its committees have the same rights as court witnesses; a person examined under oath must answer questions and produce requested documents or information even if this may incriminate them.

The Speaker may either excuse or order a person to answer questions or produce papers when they refuse on grounds of privacy; a committee chairperson may report such refusals to the Speaker.

Public officers must not refuse to produce papers, books, records or documents when required to do so before a county assembly or a committee.

A person is not liable to civil or criminal proceedings for certain publications connected with a county assembly or its committees.

Section 24. Unauthorized publishing Section 24(1)(a) any journal if the publication of that journal is prohibited by or in terms of the Standing Orders or an order or resolution of a county assembly; Section 24(1)(b) any journal purporting

A person must not broadcast, televise or otherwise transmit by electronic means proceedings of a House or a committee of a county assembly or any part of those proceedings except with the Speaker's or committee chairperson's authority and following Standing Orders and any conditions and directions determined by the Speaker.

It is an offence for a person (including a member) to assault, threaten, use abusive language, obstruct, molest or insult members or staff, compel members by force or menace, create disturbances while the assembly or committee is sitting, allow public presence or possession of articles (including firearms) in the precincts; contravention of these acts attracts a fine up to five hundred thousand shillings or imprisonment up to two years or both.

It is an offence for a person to fail to comply with summons or to obstruct, intimidate, give false evidence, or produce false documents; convictions carry fines or imprisonment.

Improperly influencing county assembly members on matters listed is prohibited; a person who contravenes the section commits an offence.

Duty of court Registrar concerning the nature of the offence and the sentence imposed.

If a State officer is convicted of an offence under this Act, they are deemed to have committed gross misconduct within the meaning of Article 251(1)(b) of the Constitution.

Entering or remaining in the chamber or precincts of a county assembly in breach of rules, or contravening admittance or conduct orders, is an offence punishable by a fine up to two hundred thousand shillings, or up to one year imprisonment, or both.

Prohibits publishing false or scandalous libel concerning a county assembly, its committees or its proceedings.

A person convicted of an offence under this Act for which no penalty is provided is liable on conviction to a fine up to five hundred thousand shillings or imprisonment up to two years, or both.

If an offence under the Act is suspected, the Clerk must request the Director of Public Prosecutions to take appropriate action (on the Speaker's directions in subsection (1); specifically where section 26(1)(b) is suspected under subsection (1A)), and the Director of Public Prosecutions must report to the Clerk within thirty days of receipt (or within any other period the Speaker may determine) stating the action taken.

Every member of staff shall have all the powers and privileges of a police officer for the purposes of this Act and the application of the criminal law.

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

Aggrieved persons (other than Members) may ask the Clerk in writing to have their response to a statement or remark recorded and published; the Committee of Powers and Privileges must consider such requests (subject to Standing Orders) and recommend measures to comply with Article 35(2) of the Constitution.

The Speaker may issue orders and a Code of Conduct for county assembly precincts; the Clerk must authenticate and publish those orders.