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(4) The Commission may, if satisfied that there has been
an infringement of the provisions of this Act, order–
(a) the release of any unlawfully withheld
information;
(b) the payment of compensation; or
(c) any other lawful remedy or redress.
(5) A person or authority dissatisfied with an order made
by the Commission under subsection (4) may appeal to the High
Court within twenty-one days of the order.
(6) An order of the Commission under subsection (4) may
be filed in the High Court by any party thereto in such manner as the
Commission may, after consultation with the Chief Justice, prescribe
and the party shall give written notice of the filing of the order to all
other parties within thirty days of the date of the filing of the order.
(7) If no appeal is filed under subsection (5), the party in
favour of whom the order is made by the Commission may apply ex
parte by summons for leave to enforce such order as a decree and
the order may be executed in the same manner as an order of the High
Court to the like effect.
(8) A person who–
(a) fails to attend before the Commission in
accordance with any summons or order
issued under subsection (3) or (4);
(b) having attended before the Commission,
refuses to be sworn or to make an affirmation,
or having been sworn or affirmed, refuses
without lawful excuse, to answer any
question or to produce any information;
(c) knowingly gives any false or misleading
information to the Commission; or
(d) causes an obstruction or disturbance in the
course of any proceedings before the
Commission,
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commits an offence and is liable on conviction in the case of an
individual to a fine not exceeding ten million leones or in the case of
a corporate body to a fine not exceeding one hundred million leones
or a term of imprisonment not exceeding one year or to both the fine
and imprisonment.
33. (1) The Commission may, for the purpose of conducting
any investigation pertaining to an inquiry, utilise the services of any
official or investigation agency of the Government and where an
official is so utilised under this subsection, the Commission shall pay
the official or agency for the service rendered.
(2) For the purpose of investigating any matter pertaining
to an inquiry, an official or agency whose services are utilised under
subsection (1) may, subject to the direction and control of the
Commission–
(a) summon and enforce the attendance of any
person for examination;
(b) require the discovery and production of any
information; and
(c) subject to this Act, requisition any public
record or copy of the public record from any
official.
(3) Paragraph (c) of subsection (8) of section 32 shall
apply in relation to any information given by a person before any
official or agency whose services are utilised under subsection (1) as
they apply in relation to any statement made by a person in the
course of giving evidence before the Commission.
(4) The official or agency whose services are utilised
under subsection (1) shall investigate any matter pertaining to the
inquiry and submit a report on it to the Commission.
(5) The Commission shall satisfy itself on the correctness
of the facts stated and the conclusion, if any, arrived at in the report
submitted to it under subsection (4) and for that purpose, the
Commission may make such inquiry, including the examination of
any person or persons who conducts or assists in the investigation
as it thinks fit.
Powers
relating to
investigation.