THE  high court has quashed the  Parliamentary’s Power  and Privileges Act that protects  its staff and Committees  decisions from  being challenged in the court of law.
President Uhuru Kenyatta assented the  Bill that was passed by Parliament in 2017 and has been shielding Parliamentary staff  from being served  with civil proceedings, but on the converse allowed  foreign process servers to effect the same.
 Justice  John Mativo, said in  a judgement that both Section 3  and 11 of the Act are inconsistent  with the constitution and thus  are “null and  void.”
President acted unlawfully
The  judge however declined to find that the President acted  unlawfully by  assenting the Bill into law , saying  the Head of state did what the provision of the  constitution empowers him to do.
Justice  Mativo  allowed the petition filed by city lawyer  Apollo Mboya, challenging the  constitutionality of Section 3, 7 and 11 of the Parliamentary powers and privileges Act, on grounds that the provisions are inconsistency  or contravenes the constitution.
 The veteran  lawyer singled out  Section 7 of the Act that is premised on ground that exclude legal officers and staff of  parliament from service of process from courts in Kenya , exercising civil jurisdiction,  but permits the  same service from  foreign countries.
Inconsistent with the constitution
“The act discriminatory as it bars  some members of our society from exercising their constitutional rights as enshrined in the Constitution….” the judge said.
It was further held that any decision made by Parliamentary committees are subject to judicial review, saying  the exclusion as provided for under  new act  is inconsistent with the constitution.
” The primary duty of the courts is to uphold the constitution and the law which they must apply impartially and without favour or prejudice” the judge observed.
 He further stated that if  in the  process of performing  their constitutional duty, courts may intrude into the domain of other branches  of the  government which is  the  intrusion mandate of the constitution.