ADVOKS GLOBAL · KENYA
HIV and AIDS Prevention and Control Act
27. Powers of the Tribunal
Edition: 2022-12-31 · In force
27. Powers of the Tribunal
(1)On the hearing of a complaint or an appeal made pursuant to section 26, the Tribunal shall have all the powers of a subordinate court of the first class to summon witnesses, to take evidence upon oath or affirmation and to call for the production of books and other documents.(2)Where the Tribunal considers it desirable for the purpose of minimizing expense or avoiding delay or for any other special reason, it may receive evidence by affidavit and administer interrogatories and require the person to whom the interrogatories are administered to make a full and true reply to the interrogatories within the time specified by the Tribunal.(3)In its determination of any matter the Tribunal may take into consideration any evidence which it considers relevant to the subject of the matter before it, notwithstanding that the evidence would not otherwise be admissible under the Evidence Act (Cap. 80).(4)The Tribunal shall have power to summon expert evidence as may be necessary for the discharge of its functions under this Act.(5)The Tribunal shall have power to award the costs of any proceedings before it and to direct that costs shall be taxed in accordance with any scale prescribed for suits in the High Court or to award a specific sum as costs.(6)All summons, notices or other documents issued under the hand of the Chairperson or the Tribunal shall be deemed to be issued by the Tribunal.(7)Upon any complaint or appeal being made to the Tribunal under this Act, the Tribunal may—(a)confirm, set aside or vary the order or decision in question;(b)make such other order as may be appropriate in the circumstances;(c)without prejudice to the generality or paragraph (b), make an order—(i)for the payment of damages in respect of any proven financial loss, including future loss, or in respect of impairment of dignity, pain and suffering or emotional and psychological suffering as a result of the discrimination in question;(ii)directing that specific steps be taken to stop the discriminatory practice;(iii)for the maintenance of the status quo of any matter or activity which is the subject of the complaint or appeal until the complaint or appeal is determined;(iv)requiring the respondent to make regular progress reports to the Tribunal regarding the implementation of the Tribunal's order.(8)Any interested party may be represented before the Tribunal by an advocate or by any other person whom the Tribunal may, in its discretion, admit to be heard on behalf of the party.