Court Declares Part of MPs' Parliamentary Priveleges Unconstitutional

Members of Parliament will no longer enjoy some of the privileges given to them in the past following Monday High Court ruling.

In a case filed by Lawyer Apollo Mboya, the court declared sections of parliamentary privileges law unconstitutional.

In his ruling, Justice John Mativo said Sections 7 and 11 of the Parliamentary Powers and Privileges Act offended parts of the Constitution. The two sections shielded Members of Parliament from being served with any court orders within Parliament buildings.

"Parliamentary immunity is not an individual privilege granted to members of Parliament for their personal benefit but rather for the people and the institution which represents them," ruled Justice Mativo.

The sections further barred anyone from moving to the court to contest any decisions made by Parliament or House Committees.

“It is my finding that the ouster clauses offends the constitutional principle of the rule of law because an aggrieved citizen is denied the possibility of access to the courts to challenge decisions affecting them,” Justice Mativo ruled, adding that the Constitution and not Parliament, the Executive or the Judiciary is supreme.

President Kenyatta signed the disputed law, which took effect from August 16th, 2017, on July 21st, 2017. However, Justice Mativo ruled that the President did not violate the Constitution in assenting to that Bill.