ADVOKS GLOBAL · KENYA
Employment and Labour Relations Court Act
20. General powers of the Court
Edition: 2022-12-31 · In force
20. General powers of the Court
(1)In any proceedings to which this Act applies, the Court shall act without undue regard to technicalities.(4)For the purpose of dealing with any matter before it, the Court may by order in writing signed by or on behalf of the Court require any person to—(a)furnish in writing or otherwise, such particulars in relation to such matters as it may require;(c)give evidence on oath or otherwise; and(d)produce any relevant documents.(5)An order made under subsection (4) may include a requirement as to the date on which or the time within which the order is to be complied with.(6)An order purporting to be signed by or under the authority of the Judge conducting the proceedings of the Court shall be presumed, until the contrary is proved, to have been given by the Court.(7)A person who—(a)without reasonable cause fails to comply with an order duly given under subsection (4); or(b)is required by an order made under subsection (4) to furnish information, and who makes any statement or furnishes any information which the person knows, or has reasonable cause to believe, to be false or misleading in material particular,commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years or to both.(8)If an order made under subsection (4) is directed to a-(a)firm or to a body corporate, every partner of the firm, and every director and officer of the body corporate shall comply with the order; or(b)trade union, employers' organization or federation, every official or officer of the trade union, employers' organization or federation shall comply with the order.(9)Where an offence is committed by a firm, body corporate, trade union, employers' organization or federation in respect of any order made under subsection (4), every partner, director, officer or official concerned shall be guilty of the offence unless they prove that-(a)the offence was committed without their consent or connivance; and(b)they exercised all due diligence to prevent the commission of the offence.