Legislators have called for the Parliamentary Service Commission to appeal the decision by a high court to remove their immunity while in Parliament precincts.
The MPs expressed their dissatisfaction after Justice Judge John Mativo declared sections of the Parliamentary Powers and Privileges Act that protected the legislators unconstitutional.
The High Court Judge found that the sections 7 and 11 were not in the spirit of the constitution ruling that: "Parliamentary immunity is not an individual privilege granted to members of Parliament for their personal benefit but rather for the people and the institution which represents them."
In an opinion piece on the Star, Mumias East MP Benjamin Eshiali stated that Parliament should be independent so that it is able to execute issues without fear or favour adding that members had not misused any powers and privileges granted to Parliament.
[caption caption="Mumias East MP Benjamin Eshiali "]
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"This is unacceptable. We've been blaming the Executive for not honouring court orders but now the Judiciary is dictating and pushing issues down the throat of Parliament. As Parliament's leadership, we will not allow this to continue.
"When we resume sittings from recess very soon, we shall discuss this in detail and as well as other areas where we need to make Parliament as independent as it has always been. We should not create fear and for sure the Parliamentary Service Commission should proceed as soon as possible to appeal this unfortunate ruling," he wrote.
Majority leader Aden Duale who was the first to react to the ruling accused the Judiciary was interfering with the functioning of Parliament.
"That's illegal and it's part of a wider scheme where the judiciary is violating and the principle of separation of powers as contemplated by the constitution. Precedents of Parliament world over are regarded as an area of Privilege. The Judiciary cannot dictate how another arm of government conduct its affairs," he told Kenyans.co.ke on Monday.
His sentiments were echoed by Minority leader Junet Mohammed who declared that: "When a committee of the house is dealing with a bill or any other other legislation, they are interrogating the matter on behalf of the full house. Any matter must go through the plenary of the house and question put for it to be considered to have been passed by parliament. Any interference before that stage is obstructing the house to execute its constitutional mandate and no authority has that kind of power."
Similarly, Makueni Senator Mutula Kilonzo Jr stated: "The ruling must be challenged! it is unheard of! The only time anyone violated this principle is when Jean Marie Seroney was arrested and when they attempted to harass Shikuku."
[caption caption="Makueni Senator Mutula Kilonzo Jr"]
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Also in agreement was Kikuyu MP Kimani Ichung'wah conveying: "The courts are not superior to Parliament. The Chief Justice should step down or take early retirement if he can't call the judiciary to order, such a ruling is inconsequential."
