ADVOKS GLOBAL · KENYA
Public Benefits Organizations Act
52. Powers of the Tribunal
Edition: 2025-06-20 · In force
52. Powers of the Tribunal
(1)On the hearing of a complaint or an appeal, 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 summonses, notices or other documents issued under the hand of the chairperson of 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, vary or quash the order or decision in question;(b)require the Authority to revise or review its decision;(c)require the Authority to inquire into specific details from the appellant and make further consideration of the application; or(d)make such other order as may be appropriate in the circumstances.(8)Without prejudice to the generality of subsection (7)(b), the Tribunal may make an order 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.(9)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.(10)A decision made by the Tribunal shall be final and binding on the parties unless judicial review thereof commences within fourteen days from the date of the Tribunal's decision.(11)Any party to the review aggrieved by the decision of the Tribunal may appeal to the High Court and the decision of the High Court shall be final.(12)A party to the review which disobeys the decision of the Tribunal or the High Court shall be in breach of this Act and any action by such party contrary to the decision of the Tribunal or the High Court shall be null and void.