Law Giving MPs Total Immunity from Prosecution Unconstitutional

The Coalition for Constitution Implementation (CCI) condemns with the strongest possible terms the law currently before the National Assembly seeking to give Members of Parliament (MPs) total immunity from prosecution and terms it unconstitutional and smacking of impunity.

The Constitution of Kenya (Amendment) Bill 2015 that was filed by Homa Bay Town MP Peter Kaluma seek to among other things block the Judiciary from interfering with what is being discussed in the National Assembly, Senate or in the County Assemblies and also seek to bar the Judiciary from entertaining any lawsuit against lawmakers filed to question their incompetence.

CCI draws the attention of the MPs to article 73 of the Constitution of Kenya 2010 that states that authority assigned to a state officer is a public trust to be exercised in a manner that demonstrate respect for the people and the constitution and vests in the state officer the responsibility to serve the people rather than the power to rule them.

CCI further draws their attention to article 75 (1) of the Constitution of Kenya 2010 that states that a state officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids any conflicts between personal interest and public or official duties, compromising any public or official interest in favor of a personal interest or demeaning the office the officer hold and that whoever contravenes the above principles shall be subject to applicable disciplinary procedure for the relevant office and may in accordance with disciplinary procedure be dismissed or otherwise be removed from office.

That article 260 of the Constitution of Kenya 2010 states that state officer includes Members of Parliament means that the Members of the National Assembly, Senators and the Members of County Assemblies cannot enjoy immunity as the constitution is very clear that any state officer who contravenes the constitution is liable for disciplinary action including being removed from office and or prosecution.

CCI therefore states that should the amendment become law then the MPs shall become Law Breakers and not Law Makers they are supposed to be and is asking all Kenyans to reject the move by MPs as we head to commemorating the fifth anniversary of the Constitution on Thursday 27 August 2015.

CCI is also asking the opposition Coalition for Reforms and Democracy (CORD) to distance itself from the Bill as it does not augur well that one of its members is the one pushing the Bill yet it is campaigning on the platform of accountability, transparency and integrity.

Lastly CCI is asking Kenyans to turn in large numbers on Thursday the 27 August 2015 at 9am at Freedom Corner Nairobi as we mark the five years since the promulgation of Constitution of Kenya 2010 so that we can rededicate our energy in ensuring full and proper implementation of Constitution of Kenya 2010.

Sincerely In Solidarity with the Constitution of Kenya 2010

Statement by CCI Working Committee

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