Parliament is considering legislation that would significantly increase fines and enforcement mechanisms for individuals who fail to appear before the legislative body or its committees when summoned.
The Parliamentary Powers and Privileges (Amendment) Bill, 2023, sponsored by Senator Godfrey Osotsi and co-sponsored by Hon. Jack Wamboka in the National Assembly, has already undergone its first reading. The proposed amendments aim to provide clarity on how parliament can exercise its powers of arrest and guarantee fair hearings for those who do not comply with summonses.
The bill would amend Section 19 of the existing Act to increase the fine for non-appearance from KES 500,000 to KES 2 million. It also enshrines the right to be heard before such fines are levied.
Crucially, the amendments outline procedures for issuing summonses with at least seven days’ notice and empower parliament to call on police to arrest individuals who defy orders to appear.
Those arrested could be detained either in designated police stations or parliament facilities until being produced before the courts or the summoning body.
For the business community, the prospect of parliamentary inquiries carrying more clout could incentivize greater corporate compliance and responsiveness to investigative demands.
The bill next faces committee review before potentially proceeding to further debates and votes in both houses of parliament.
Its passage would mark a significant evolution in Kenya’s legislative branch asserting its constitutional authority to summon witnesses and enforce compliance.
