The High Court has suspended sections of the Parliamentary Powers and Privileges Act that blocked serving of court orders within the precincts of Parliament.
Justice John Mativo ordered that neither the National Assembly nor the Senate should attempt to enforce sections 3, 7 and 11 of the Parliamentary Powers and Privileges Act No. 29 of 2017 following a suit filed by former Law Society of Kenya Chief Executive Apollo Mboya.
“Pending the hearing and determination of this case, a conservatory order be and is hereby issued suspending the operation of Sections 3, 7 and 11 of the Parliamentary Powers and Privileges Act,” ruled Justice Mativo.
The disputed law was assented to by President Uhuru Kenyatta on July 21 and took effect from August 16 but the Parliamentary Powers and Privileges Act was first passed on October 22, 2015.
In March, the President also assented to a bill that granted immunity to county assemblies just like Parliament but this has not been disputed in the suit.
In the said Act, Section 3 defines precincts of Parliament as one that includes the land on which the building stands on and all offices in which parliamentary staff use as well as the media Centre.
Section 7 states that no process issued by any court in Kenya in the exercise of its civil jurisdiction shall be served or executed within the precincts of Parliament while either one or both Houses is sitting.
While Section 11 stipulates that no proceedings or decision of Parliament or the committee of powers and privileges acting in accordance with this Act shall be questioned in court.