State officers ignoring parliamentary invites and summonses could soon be in trouble as senators support a Bill proposing tough punishment, hefty fines and arrest.
The lawmakers want officials who fail to appear before parliament committees and plenary fined Sh2 million.
The legislators spoke during a heated debate on the Parliamentary Powers and Privileges Bill, 2023.
“We usually charge those who fail to honour our summonses a fine of Sh500,000. However, this Bill proposes we increase the amount to Sh2 million,” Vihiga Senator Godfrey Osotsi said.
Osotsi, who is also the chairman of the Senate County Public Investments and Special Funds Committee, is the sponsor of the Bill.
He said that he was pushed to introduce the penalties after some governor failed the oversight committee he leads, despite issuing several notices.
“We have had occasions where our programming has been affected hugely because of non-appearance by witnesses and late requests to postpone. This has happened severally,” he said.
Osotsi also wants Parliament to be given powers to arrest witnesses who fail to appear before the committees and plenary.
“This Bill will give us the option that in the event the IG of police is not able to enforce our summon through arrest, then we can do it ourselves, through the direction of the Speaker or the Clerk,” he said.
Nairobi Senator Edwin Sifuna backed the bill, saying some witnesses ignore the House because of the small fines in the current law.
“There is one incident I have never forgotten, where one of the committees imposed a fine that is currently in the books. That is Sh500,000,” he said.
“The governor asked our committee clerk if the committee has a pay bill or till number. This is because the amount imposed is very minimal and can fit in your Mpesa account.”
Former governors Charity Ngilu (Kitui) and Mwangi Wa Iria (Murangá) are among those who have been slapped by the Sh500,000 fine for failing to honour parliamentary summons.
He said the move has been worsened by the inaction by Police IG to effect arrests.
Sifuna said for as long as Parliament relies on other government agencies or institutions to effect the arrests, the August House’s business will stagnate.
“We need this institution to have the powers to arrest people and present witnesses before the committees. I am in full support of the proposition to give this House those powers,” he said.
Makueni Senator Dan Maanzo said Parliament needs more teeth to bite and tame contemptuous state officers.
“The enhancement of the fines is good, but we need to have more teeth than just fines, now that we are equivalent to the High Court in terms of the powers the committees of this House exercise,” he said.
Nandi Senator Samson Cherargei called for amendment of the Bill to increase the fine from Sh2 million to Sh5 million.
“Our agenda is to inflict the pain, to ensure that it becomes so painful that when you hear that you need to appear before a parliamentary committee, you shudder with fear and show up,” he said.
He called for the creation of parliamentary police unit, similar to Anti Stock Theft Police Unit, to effect arrests.
“We can under the Judicial Service Commission and in partnership with the National Police Service Commission, create a Parliamentary Police Unit, such that the Clerk and the Speaker can direct our own police unit to go and frog-match those people who are violating the Constitution,” Cherargei said.