Justice George Odunga has issued a ruling stopping the implementation of an Act that President Uhuru Kenyatta recently accented to.
The High Court judge, on Tuesday, suspended three provisions of the Parliamentary Powers and Privileges Act, 2017 that sought to lock out courts from questioning proceedings or decisions of Parliament giving lawmakers 'super immunity'.
This followed an application by former Law Society of Kenya Chief Executive Apollo Mboya who is seeking to reduce powers, privileges, and immunity enjoyed by Members of Parliament.
Mboya stated that Sections 3, 7 and 11 of the Act would result in the courts being blocked from questioning proceedings or decisions of Parliament.
“The Act makes Parliament supreme to the Constitution as a house of secrets beyond the reach of a court process and by extension beyond members of the public intending to safeguard constitutional rights and protection of the constitution.
"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," Mr Mboya argued.
The law also aimed at making provisions regulating admittance to and conduct within the precincts of Parliament.
Following the directive by Justice Odunga, the Attorney General, the Senate and National Assembly have been jointly restrained from entering any directives pursuant to the contested sections until the matter is resolved.
The judge further directed Mr Mboya to serve the petition to the respondents to facilitate a hearing.
