ADVOKS GLOBAL · KENYA
Public Procurement and Asset Disposal Act
36. Powers of investigators
Edition: 2022-12-31 · In force
36. Powers of investigators
(1)For the purpose of carrying out an investigation of procurement or asset disposal proceedings an investigator has the following powers—(a)with prior notification to the procuring entity, the investigator shall have access to all relevant premises, books, records, returns, reports and other documents of the procuring entity or a person who participated in the procurement or asset disposal proceedings, including electronic documents;(b)the investigator may remove or make copies of any documents the investigator has access to under paragraph (a);(c)where an investigator removes a document from the premises, the investigator shall certify a copy of the document to be left with the procuring entity; and(d)the investigator may require any of the following to provide explanations, information and assistance—(i)an employee or officer of the procuring entity; or(ii)an employee or officer of a person who participated in the procurement or asset disposal proceedings.(2)In addition to the powers under subsection (1), an investigator shall have such other powers as may be prescribed by Regulations.(3)The powers of an investigator are subject to such conditions and limitations as may be prescribed by regulations.