Caroli Omondi explains parliamentary privileges amid Kibagendi case
By Faith Lagat, April 3, 2026Caroli Omondi, Suba South MP and lawyer, has clarified the scope of parliamentary privileges amid the suspension saga involving Kitutu Chache South MP Anthony Kibagendi.
Speaking on April 2, 2026, Omondi outlined the boundaries of immunity enjoyed by lawmakers, highlighting tensions between constitutional protections, House rules, and accountability for statements made outside Parliament.
“When we are within Parliament, because we enjoy certain privileges as members of Parliament, you can’t be arrested there, you can’t be sued for what you say there,” Omondi said.
These protections, enshrined in the Constitution and reinforced by the Powers and Privileges Act of the National Assembly, which also covers the Senate, allow MPs to debate and vote freely without coercion. Party leaders may caucus but cannot compel members’ votes.
Omondi noted that these privileges come with responsibilities. The Speaker has supervisory powers to uphold order and protect immunities within parliamentary precincts. Outside Parliament, ordinary laws, including defamation and criminal libel, remain fully applicable.
Kibagendi case tests privilege boundaries
Omondi said the Kibagendi case highlights the limits of parliamentary privileges because the controversial remarks were made during a television interview, not in the House. Kibagendi had claimed Parliament had been “compromised” and “auctioned,” prompting uproar.
On March 31, 2026, National Assembly Majority Leader Kimani Ichung’wah moved a motion under Standing Order 108(2) arguing that such remarks damage the institution’s dignity.
The motion, chaired by Homa Bay Town MP Peter Kaluma, passed, suspending Kibagendi for 14 days from sittings, precincts, and committee work.
Earlier, Speaker Moses Wetang’ula had barred Kibagendi until he formally apologised to the House. Despite a High Court order temporarily halting disciplinary action, the House proceeded with the 14-day suspension, raising questions about judicial compliance.
Balancing accountability and free speech
Omondi questioned whether the House’s disciplinary powers extend to comments made outside parliamentary proceedings.
“As far as I know, the problem with Kibagendi’s case… he was accused of bringing the House to disrepute for utterances he made elsewhere. As a matter of free speech, that can be questioned,” he said.
The saga has sparked debate over whether MPs should face internal discipline for external criticism or rely solely on general laws. Critics argue the suspension could silence dissent, while supporters maintain MPs must safeguard the House’s reputation.
Nairobi Senator Edwin Sifuna has condemned the 14-day suspension of Kitutu Chache South MP Anthony Kibagendi, describing the action as an attempt to silence his voice on corruption and the Social Health Authority project.
Sifuna called the Speaker’s decision illegal and unconstitutional, promising to challenge the contempt proceedings in court.