ADVOKS GLOBAL · KENYA
Elections Act
99. Powers of a court to summon witnesses in a referendum petition.
Edition: 2022-12-31 · In force
99. Powers of a court to summon witnesses in a referendum petition.
(1)A Court hearing a referendum petition may, at the hearing of the petition—(a)order any person who appears to the court to be concerned in or affected by the referendum petition to attend as a witness at such hearing; and(b)examine any witness or any person who is present at the hearing even if the witness or person is not called as a witness by any party to the proceedings:Provided that after examination by the court, the witness or person may be cross-examined by or on behalf of the petitioner or the respondent.(2)Where a person is ordered to attend as a witness under subsection (1), the Court may direct that a copy of the referendum petition be served on that person.(3)A person who is called as a witness at the trial of a referendum petition shall not be excused from answering any question relating to any offence connected with the referendum on the ground that the answer thereto may incriminate them or on the ground of privilege.(4)Notwithstanding subsection (3)—(a)a witness who answers every question which they are required to answer under this section to the satisfaction of the court, and the answers to which may tend to incriminate them, shall not be liable to prosecution for any offence committed by them in connection with the referendum and in respect of which they are so examined, and shall be entitled to receive a certificate of indemnity issued by the Registrar stating that the person is discharged from liability and shall not be prosecuted for that offence; and(b)an answer by a witness to a question before the Court under this section shall not, except in the case of any criminal proceedings for giving false evidence in respect of such evidence, be admissible as evidence in any civil or criminal proceedings against them.(5)Where a person has received a certificate of indemnity under subsection (3), and legal proceedings are, at any time, brought against that person for an offence to which the certificate relates, the court having cognizance of the case shall, on proof of the certificate of indemnity, stay such proceedings.(6)All reasonable expenses incurred by any person in attending at or appearing before the High Court to give evidence as a witness at the trial of a referendum petition shall be paid to such person according to the scale of allowances and expenses appropriate in civil proceedings before the High Court.