ADVOKS GLOBAL · KENYA
Parliamentary Powers and Privileges Act
18. Invitation and summoning of witnesses
Edition: 2022-12-31 · In force
18. Invitation and summoning of witnesses
(1)Parliament or its committees may invite or summon any person to appear before it for the purpose of giving evidence or providing any information, paper, book, record or document in the possession or under the control of that person and, in this respect, Parliament and its committees shall have the same powers as the High Court as specified under Article 125 of the Constitution.(2)A summons issued under subsection (1) shall be issued by the Clerk on the direction of—(b)the chairperson of a committee acting in accordance with a resolution of the committee.(3)The general form of a summons shall be as set out in the First Schedule.(4)The summons shall be served by a member of staff or a police officer who is duly authorized by the Clerk by delivering a copy of the summons—(a)to the person mentioned in the summons; or(b)at that person’s usual or last known place of residence, employment or business or left with a person who is over the age of eighteen years and who resides or is employed at that place.(5)Where the summons is to be served on a corporation, the summons may be served—(a)on the secretary, director or other officer authorised by the corporation; or(b)if the officer serving the summons is unable to find any of the officers of the corporation mentioned in paragraph (a)—(i)by leaving it at the registered office of the corporation;(ii)by sending it by prepaid registered post or by a licensed courier service provider approved by the court to the registered postal address of the corporation;(iii)if there is no registered office and no registered postal address of the corporation, by leaving it at the place where the corporation carries on business; or(iv)by sending it by registered post to the last known postal address of the corporation.(6)The serving officer in all cases in which summons has been served under this section shall swear and annex or cause to be annexed to the original summons an affidavit of service stating the time when and the manner in which summons was served and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender of summons.(7)The affidavit of service shall be in the form set out in the Second Schedule with such variations as circumstances may require.(8)Any person who knowingly swears a false affidavit of service commits the offence of perjury and may in addition be subject to such disciplinary action as the Parliamentary Service Commission may determine.(9)A return by a person who serves a summons under this section shall be prima facie proof of the service of the summons.(10)A person requested or summoned in terms of this section by Parliament or a committee to attend a sitting of Parliament or committee shall be paid such amount of money as shall be approved by the Clerk as reimbursement for the expenses incurred.