What is parliamentary privilege?
Constitutions across the world have provided for the privilege of parliament. That is they give freedom of speech as well as debate.
These two have been touted to be of the highest privilege. The courts are restricted or even prohibited from issuing court orders against parliamentary proceedings and debates. Conversely, Members of Parliament are not allowed to criticize judicial decisions.
If you have been following debates and conversation on national television and radio, you must have heard about sub judice rule. This is meant to protect against parliamentary on slaughter in cases ongoing before courts.
Sub judice rule aims at defending the rule of law in the country and it promotes fair trial for citizens. When a given issue is awaiting determination, no debates are allowed on it in parliament. This way parliament is barred from preventing the courts from exercising their mandate.
Note that parliament has the Constitutional right to discuss any matter that it pleases. There must be a balance between the mandate of parliament and that of courts in Kenya.
