Section 32, The Right to Access Information Act, 2013

(1) The Commission shall have all powers direct orincidental, as are necessary to undertake its functions under this Act, including the power to acquire, hold and dispose of property. (2) Notwithstanding the generality of subsection (1), the Commission shall have power to– (a) monitor and report on the compliance by public authorities with their obligations under this Act; (b) make recommendations for reform both of a general nature and specific public authorities; (c) co-operate with or undertake training activities for public authorities on the right to access information and the effective implementation of this Act; (d) refer to the appropriate public authority, cases which reasonably disclose evidence of criminal offences under this Act; and (e) publicise the requirements of this Act and the rights of individuals under it. (3) In the performance of its functions under this Act, the Commission shall have the powers of a High Court to– (a) issue summons or other orders requiring the attendance of any person before the Commission to give oral or written evidence and the production of any document or record relevant to any investigation by the Commission; (b) administer oaths; (c) examine any person in respect of any subject matter under investigation before the Commission; (d) require any person to disclose any information within the person’s knowledge relevant to any investigation by the Commission; and (e) enter any premises occupied by a public authority to carry out any investigation. Composition of Functions and powers of 20 21 (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, 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.