A new Bill before Parliament aims to enforce stricter penalties on individuals who fail to comply with parliamentary summons.
The Parliamentary Powers and Privileges (Amendment) Bill, 2023 seeks to create a more robust mechanism for compelling witnesses, particularly government officials at national and county levels, to honor summons.
The proposed legislation introduces severe consequences for non-compliance, including arrest, prosecution, and fines of up to Kes.2 million—a significant increase from the current maximum fine of Kes.500,000.
Vihiga Senator Godfrey Osotsi, who sponsored the Bill, emphasized that these measures align with the constitutional requirement for the executive, constitutional commissions, and independent offices to report to Parliament on matters within their mandate. He highlighted the Bill’s role in ensuring accountability among government officials while safeguarding Parliament’s integrity and oversight functions.
“The person summoned must appear on the specified date, which cannot be earlier than 14 days after receiving the summons,” the Bill states. However, it allows parliamentary committees to summon witnesses on shorter notice for urgent matters.
The Bill proposes amendments to several sections of the Parliamentary Powers and Privileges Act, including Sections 2, 18, 27, and 32. It also introduces stricter penalties for witnesses who fail to attend or provide satisfactory testimony when summoned. Fines could reach up to Kes.2 million, with the exact amount determined by factors such as the witness’s circumstances.
For those who fail to fully respond or submit requested documents without valid reasons, the Bill suggests raising fines to between Kes.200,000 and Kes.500,000.
If enacted, the Bill would also revise existing rules on arrest orders, granting authority to the Inspector-General of Police or an authorized Parliament official to execute them. Should an arrest order remain unenforced after seven days, Parliament could take further action through a designated officer.
The legislation also outlines procedures for detaining individuals who ignore summons. Once arrested, they would be taken to the Parliament Police Station or another designated location. They must then appear before the relevant parliamentary committee or be brought to court on the next working day.
Senator Osotsi stressed the need to uphold due process while exercising these powers. “It is crucial to ensure that summoned individuals receive a fair hearing,” he said, referencing Article 50 of the Constitution, which guarantees the right to a fair trial.
The Bill includes safeguards to protect the rights of those summoned, ensuring fair treatment while reinforcing Parliament’s role in holding government officials accountable.
