Former Law Society of Kenya chief executive officer Apollo Mboya has challenged the Parliamentary Powers and Privileges Act, 2017, on grounds that it grants Parliament ‘super immunity’.
The Act also gives County Assemblies similar immunity, elevating legislators to a level beyond scrutiny even when there is a violation of the Constitution.
Mr Mboya has sued the National Assembly and the Senate and wants sections of the Act declared null and void as well as inconsistent with the Constitution.
Mr Mboya claims that the law came into effect as a result of a flawed process for there was no public participation and involvement of key stakeholders, such as the Judiciary.
He also said that because of the Act, it will be difficult to question proceedings or decisions of Parliament.
“In enacting Sections 3 and 7 of this law, which limits rights and freedoms to challenge the action of Parliament as provided in the Constitution, the National Assembly purported to amend it unlawfully,” Mr Mboya said.