The two sections had protected MPs from being served with court documents within the precincts of Parliament.
The said impugned sections of the Act had also barred anyone from challenging in court decisions made by Parliament or its committees.
The court found that disputed law does not specify nature of decisions or immunity in the performance of legislators’ duties.
Nairobi-based lawyer Apollo Mboya filed the case, arguing that the sections seek to stop parliamentary staff from being served with court papers even when the issue does not relate to their duties in Parliament.
Lawmakers have lost the privilege that cushioned them from being served court papers within the precincts of Parliament and their decision taken in the House or committee challenged by the Judiciary.
This is after High Court struck out section 7 and 11 of the Parliamentary Powers and Privileges Act which restricts serving legal papers within parliament and questioning parliamentary proceedings in court.
“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 John Mativo.
“In view of my conclusions hereinabove, I find and hold that this petition succeeds. Consequently, a declaration be and is hereby issued declaring that sections 7 and 11 of the Parliamentary Powers and Privileges Act (No 29 of 2017) are unconstitutional and therefore null and void.”
The two sections had protected MPs from being served with court documents within the precincts of Parliament.
The said impugned sections of the Act had also barred anyone from challenging in court decisions made by Parliament or its committees. The court found that disputed law does not specify nature of decisions or immunity in the performance of legislators’ duties.
Nairobi-based lawyer Apollo Mboya filed the case, arguing that the sections seek to stop parliamentary staff from being served with court papers even when the issue does not relate to their duties in Parliament.
However, Clerk of National Assembly argued that the sections seek to prevent interruption of the parliamentary proceedings.
Section 7 of the Act states that “no process issued by a 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 are sitting.
