Major Blow To MPs As Court Allows Service Of Court Orders Within Parliament

Members of Parliament can now be served with court orders and summons within Parliament, the High Court ruled on Monday.

Justice John Mativo ruled that Sections 7 and 11 of the Parliamentary Powers and Privileges Act, 2017 unconstitutional and contravene Articles 1, 2, 3, 10, 19, 20, 21, 22, 23, 24, 48, 50 93, 94, 159, and 258 of the Constitution.

“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 said while delivering his ruling in the petition filed by Lawyer, Apollo Mboya.

The lawyer has been seeking to reduce powers, privileges and immunity enjoyed by Members of Parliament after President Uhuru Kenyatta assented to the law in August, 2017.

The law, Apollo argues disallows courts from questioning proceedings or decisions of Parliament as well as County Assemblies.

Read: Lawyer Ahmednassir Asks Uhuru To ‘Disband A Functionally Dead’ Nairobi County Government

“The Act insulates legal officers and staff of Parliament from service of any court process including this petition where the court is exercising its civil jurisdiction,” the former LSK President said, faulting the President for abusing his powers and mandate under Article 115(1).

Speaker of the National Assembly Justin Muturi has however maintained that lawmakers will not be restrained by court injunctions.

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