ADVOKS GLOBAL · KENYA
Micro and Small Enterprises Act
57. Award of the Tribunal
Edition: 2022-12-31 · In force
57. Award of the Tribunal
(1)The Tribunal may—(a)make such orders for the purposes of securing the attendance of any person at any place where the Tribunal is sitting, discovery or production of any document concerning a matter before the Tribunal or the investigation of any contravention of this Act as it deems necessary or expedient;(b)take evidence on oath and may for that purpose administer oaths, or(c)on its own motion, summon and hear any person as witness.(2)Any person who—(a)fails to attend the Tribunal after having been required to do so under subsection (1)(a);(b)refuses to take oath or affirmation before the Tribunal or to answer satisfactorily to the best of his or her knowledge and belief any question lawfully put to him or her in any proceedings before the Tribunal, or to produce any article or document when required to do so by the Tribunal;(c)being a public officer, refuses to produce any article or document when lawfully required to do so by the Tribunal, without any lawful cause;(d)knowingly gives false evidence or information which he or she knows to be misleading before the Tribunal; or(e)at any sitting of the Tribunal—(i)wilfully insults any member or officer of the Tribunal;(ii)wilfully interrupts the proceedings or commits any contempt of the Tribunal;(f)fails or neglects to comply with a decision order, direction or notice confirmed by the Tribunal,commits an offence.(3)Where the Tribunal enters judgement in terms of the award together with costs, it shall issue a decree, inclusive of penalties for non-compliance, which shall be enforceable as a decree of a court.(4)If, after making an order, the Tribunal discovers that the order was based on a misrepresentation or a concealment of a material fact by either party to the dispute, the Tribunal may order the party guilty of the misrepresentation or concealment to pay the other party such sum as is, in the opinion of the Tribunal, sufficient compensation for any damage or loss suffered by the party as a result of the misrepresentation or concealment.