Former Law Society of Kenya boss Apollo Mboya has challenged the law that he says grants lawmakers “super immunity.”
Mr Mboya filed a suit Monday challenging the Parliamentary Powers and Privileges Act, 2017.
He also faulted the law, which also gives county assemblies similar immunity, for elevating lawmakers to be beyond scrutiny even when there is violation of the Constitution.
Mr Mboya has sued the National Assembly and the Senate and wants three sections of the Parliamentary Powers and Privileges Act, 2017, declared null and void as well as inconsistent with the Constitution.
Mr Mboya claimed that the law was passed without public participation and involvement of key stakeholders such as the Judiciary. He argued that the end result of that law is to lock out even courts from questioning proceedings or decisions of Parliament.
President Uhuru Kenyatta assented to the law that gave MCAs immunity just like their counterparts in Parliament in March. The said law lists the precincts of county assemblies as a beneficiary of the privileges and immunity of members including protection of proceedings from court action.
Mr Mboya wants the court to declare the said sections invalid as well as the whole Act on account that it lacked public consultation and came into effect as a result of a flawed process.
He also wants the case certified as urgent. It also stipulates that a member of the public who is aggrieved by comments made in the assembly is allowed to write to the clerk to have a response.