THE COMMISSIONS OF INQUIRY ACT

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CHAPTER 32
THE COMMISSIONS OF INQUIRY ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title. 2. Interpretation. 3. Power to issue Commissions of Inquiry into matters of public nature. 4. Power to cause investigation to be made before
issuing Commission. 5. Power to appoint fresh Commissioners and to alter and
revoke Commissions. 6. Commissions not affected by change of the President. 7. Oath of office by Commissioners. 8. Power to appoint and duties of Secretary. 9. Duties of Commissioners defined. 10. Division of opinion of Commissioners. 11. Commissioners’ power for regulating proceedings. 12. Power to summon and examine witnesses. 13. Consequences of issue of Commission. 14. Employment of experts. 15. Application of Penal Code and immunity of Commissioner. 16. Obligations and rights of witnesses. 17. Appearance by advocate. 18. Power to direct police officers to attend Commissioners. 19. Remuneration of Commissioners, etc.. 20. Commissions to be published in Gazette. 21. Action on report. 22.

olice officers to attend Commissioners. 19. Remuneration of Commissioners, etc.. 20. Commissions to be published in Gazette. 21. Action on report. 22.

Protection of person publishing true account. 23. Conditions as to proceedings for penalties. 24. Regulations. SCHEDULE

Protection of person publishing true account. 23. Conditions as to proceedings for penalties. 24. Regulations. SCHEDULE

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CHAPTER 32
THE COMMISSIONS OF INQUIRY ACT
An Act to make provision for holding Commissions of Inquiry. [28th December, 1928]
Ord. No. 27 of 1928
Act No. 27 of 1994
GN. No. 403 of 1960
1. This Act may be cited as the Commissions of Inquiry Act. 2. In this Act unless the context requires otherwise-
“Commission” means a Commission issued under section 3;
“Commissioner” means any of the Commissioners appointed
under section 3;
“inquiry” means an inquiry carried out in pursuance of the
provisions of this Act;
“Minister” means the Minister responsible for legal affairs.

ion 3;
“inquiry” means an inquiry carried out in pursuance of the
provisions of this Act;
“Minister” means the Minister responsible for legal affairs.

3.–(1) Where the President on his own motion, upon advice
by the Minister or after considering information furnished
upon an affidavit of any person is satisfied that it is desirable or
necessary, or that an inquiry would be for the public welfare,
the President may issue a Commission appointing one or more
Commissioners and authorising those Commissioners or any
quorum of the Commissioners specified in the Commission,
to inquire into any of the following-
(a) the conduct of any person in the public service of the
United Republic;
(b) the conduct of any local authority;
(c) the conduct or management of any department of the
public service or of institution of the public service or
of a local authority;
Short title
Interpretation
Act No. 27 of 1994 s. 2
Power to issue
Commissions
of Inquiry into
matters of public
nature
Act. No. 27 of 1994 s. 3

ority;
Short title
Interpretation
Act No. 27 of 1994 s. 2
Power to issue
Commissions
of Inquiry into
matters of public
nature
Act. No. 27 of 1994 s. 3

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THE COMMISSIONS OF INQUIRY ACT [CAP. 32 R.E. 2023]
(d) massive or repeated evasions of any taxes or any
other acts subversive of the smooth collection of
public revenue;
(e) allegations of grave irregularities in the public revenue;
(f) allegations of large scale trafficking in trophies;
(g) allegations of conspiracies to damage the natural
resources of the United Republic;
(h) allegations of theft or embezzlement of public property
in public corporations;
(i) serious allegations of occurrences of corruption; or
(j) any other matter the inquiry into which would, in the
opinion of the President, be in the public interest. (2) Each such Commission shall specify the subject of
inquiry and may, in the discretion of the President, if there
is more than one Commissioner, direct which Commissioner
shall be Chairman, and direct where and when such inquiry
and the report on it shall be made, and prescribe how such
Commission shall be executed, and may direct whether the
inquiry shall or shall not be held in public.

ort on it shall be made, and prescribe how such
Commission shall be executed, and may direct whether the
inquiry shall or shall not be held in public.

(3) In the absence of a direction to the contrary in the
Commission concerned, an inquiry shall be held in public,
but the Commissioners shall be entitled to exclude the
representatives of the press, any or all other persons if they
consider it necessary, for the preservation of order, for the due
conduct of the inquiry or for any other reason. 4.–(1) For the purposes of obtaining information to decide
whether or not to issue a commission under section 3, the
President may on advice by the Minister or on his own motion,
direct the Attorney General to cause an investigation to be
made into such matters as the President may specify and to
convey to the President result of the investigation. (2) The Attorney General may, for the purposes of carrying
out any investigation directed by the President under subsection
(1), in writing under his hand require any public officer, in this
section referred to as an “authorised officer”, to carry out such
investigation as the Attorney General may direct. Power to cause
investigation
to be made
before issuing
Commission
Act No. 27 of 1994 s. 4

y out such
investigation as the Attorney General may direct. Power to cause
investigation
to be made
before issuing
Commission
Act No. 27 of 1994 s. 4

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THE COMMISSIONS OF INQUIRY ACT [CAP. 32 R.E. 2023]
(3) For the purposes of carrying out any investigation
directed by the Attorney General an authorised officer shall
have all the powers of a police officer conducting a criminal
investigation and may in particular:
(a) require, in writing, from any person the production at a
specified time and place of any book, plan or document
in the possession or custody or under the control of
such person or the employee of that person; or
(b) examine and make extracts from, and copies of, any
books, plans or documents and require from any person
an explanation of any entry in or marking on them,
except that no person shall be bound to incriminate himself
and every person shall, in respect of any explanation required,
be entitled to the same privileges to which that person would
be entitled if giving evidence before the High Court.

spect of any explanation required,
be entitled to the same privileges to which that person would
be entitled if giving evidence before the High Court.

(4) Where the Attorney General is satisfied that the
inspection of any banker’s book is necessary or desirable for the
purpose of any investigation directed by the President under
subsection (1), the Attorney General may, by order, authorise
any authorised officer named in such order to investigate the
account of any specified person in any bank, such order shall
be sufficient authority for the production of any such banker’s
book as may be required for scrutiny by the authorised officer
named in the order, and such authorised officer may take
copies of any relevant entry or matter in such banker’s book. (5) The provisions of the Evidence Act in respect of evidence
of banker’s books shall apply in relation to the production
and proof in any proceedings under this Act of a copy of any
entry in a banker’s book obtained under subsection (4).

ply in relation to the production
and proof in any proceedings under this Act of a copy of any
entry in a banker’s book obtained under subsection (4).

(6) A person who fails to produce a banker’s book to an
authorised officer acting in pursuance of an order made
by the Attorney General under this section or to permit
such authorised officer to scrutinise or to take copies of the
relevant entries in a banker’s book commits an offence and on
conviction shall be liable to a fine not exceeding fifty thousand
shillings or to imprisonment for a period not exceeding twelve
months, or to both. Cap. 6

ction shall be liable to a fine not exceeding fifty thousand
shillings or to imprisonment for a period not exceeding twelve
months, or to both. Cap. 6

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THE COMMISSIONS OF INQUIRY ACT [CAP. 32 R.E. 2023]
(7) For the purposes of this section, “banker’s book” shall
have the meaning ascribed to it by the provisions of the
Evidence Act. 5. Where any Commissioner is unable or is unwilling to act
or dies, the President may appoint another Commissioner
in his place; and any Commission issued under this Act may
be altered as the President may deem fit by any subsequent
Commission issued by the President, or may be revoked by a
notification to that effect published in the Gazette. 6. A Commission issued under this Act shall not lapse by
reason of, or be otherwise affected by the death, absence or
removal of the President issuing the Commission. 7. It shall be the duty of each Commissioner appointed under
this Act to make and subscribe to an oath or affirmation in
the form prescribed in the Schedule, which oath or affirmation
may be taken before the President, or before such other person
as the President may appoint, and shall be deposited by the
Commissioner with the Chief Secretary, office of the President.

r before such other person
as the President may appoint, and shall be deposited by the
Commissioner with the Chief Secretary, office of the President.

8. The President may appoint a secretary to attend the sittings
of the Commission, to record their proceedings, to keep their
papers, summon and record the testimony of witnesses, and
generally to perform such duties connected with such inquiry
as the Commissioners shall prescribe. 9. It shall be the duty of the Commissioners, after taking such
oath or making such affirmation, to make a full, faithful, and
impartial inquiry into the matter specified in such Commission,
and to conduct such inquiry in accordance with the direction,
if any, in the Commission; and, in due course, to report to the
President in writing the result of such inquiry; and also, when
required, to furnish to the President a full statement of the
proceedings of such Commission, and of the reasons leading
to the conclusions arrived at or reported. Cap. 6
Power to
appoint fresh
Commissioners
and to alter
and revoke
Commissions
Commissions
not affected by
change of the
President
Oath of office by
Commissioners
Power to appoint
and duties of
Secretary
Duties of
Commissioners
defined

sions
not affected by
change of the
President
Oath of office by
Commissioners
Power to appoint
and duties of
Secretary
Duties of
Commissioners
defined

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THE COMMISSIONS OF INQUIRY ACT [CAP. 32 R.E. 2023]
10. Where the Commissioners shall, in any case, be equally
divided on any question that arises during the proceedings of
the Commission, the Chairman of the Commission shall have
a second or casting vote. 11. The Commissioners acting under this Act may make
such rules for their own guidance, and for the conduct and
management of proceedings before them, and the hours
and times and places for their sittings, not inconsistent with
their Commission, as they may from time to time think fit,
and may from time to time adjourn for such time and to
such place as they may think fit, subject only to the terms of
their Commission. 12.–(1) Commissioners acting under this Act shall have the
powers of the High Court to summon witnesses, and to call
for the production of books, plans and documents, and to
examine witnesses and parties concerned on oath.

High Court to summon witnesses, and to call
for the production of books, plans and documents, and to
examine witnesses and parties concerned on oath.

(2) Where the Commissioners consider it desirable for
the purpose of avoiding expense or delay or for any other
special reason, they may receive evidence by affidavit or
administer interrogatories and require the person to whom the
interrogatories are administered to make a full and true reply
to such interrogatories. (3) Summonses for attendance of witnesses, or other
persons, or the production of documents, may be in the
form given in the Schedule, and shall be signed by one of
the Commissioners or by their secretary, and oaths and
affirmations may be administered by one of the Commissioners
or by their secretary. 13. Notwithstanding the provisions of any other law to the
contrary, where the President issues a Commission instituting
an inquiry into any matter in pursuance of this Act-
(a) the President may require that any ongoing investigation
or inquiry by the organs of the Government shall cease
and any evidence already obtained shall be finished to
the Commission; and
Division of
opinion of
Commissioners
Commissioners’
power for
regulating
proceedings
Power to summon
and examine
witnesses
Consequences
of issue of
Commission
Act No. 27 of 1994 s. 5

ners
Commissioners’
power for
regulating
proceedings
Power to summon
and examine
witnesses
Consequences
of issue of
Commission
Act No. 27 of 1994 s. 5

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THE COMMISSIONS OF INQUIRY ACT [CAP. 32 R.E. 2023]
(b) all organs of the Government and all other local or
public authorities connected, related or otherwise
involved in the field or fields activities under
investigation, shall do all such acts and things as they
deemed necessary for assisting the smooth speedy
work of the Commissioners. 14.–(1) A Commission may, with the prior approval of the
Minister, engage the services of such accountants, engineers,
technical advisers or other experts as it deems necessary to aid
and assist in the inquiry. (2) The minister shall, in approving the engagement of
Experts by the Commission, give a direction in writing as the
renumereation of any such expert. 15.–(1) An inquiry under this Act shall be deemed to be a
judicial proceeding within the meaning and for the purposes
of Chapter XI of the Penal Code.

15.–(1) An inquiry under this Act shall be deemed to be a
judicial proceeding within the meaning and for the purposes
of Chapter XI of the Penal Code.

(2) Any Commissioner or other person acting under the
provisions of this Act shall be entitled to the same protection
as that enjoyed by magistrates acting judicially and officers
executing warrants and orders under the Magistrates’ Courts
Act or any other law substituted for that Act. 16.–(1) All persons summoned to attend and give evidence,
or to produce books, plans, or documents at any sitting of any
Commission, shall be bound to obey the summons served
upon them in all respects as witnesses are bound to obey a
summons issued from the High Court, and shall be entitled
to the same expenses as witnesses summoned to attend at
such court in a criminal trial, or to such other expenses as
the Commissioner, orders for the payment of such witnesses
shall be made as nearly as possible as orders for the payment of
witnesses in the High Court, and shall be paid in such manner
as the President may direct. (2) A person who, without sufficient cause, refuses or fails
to attend at the time and place mentioned in the summons
Employment of
experts
Act No. 27 of 1994 s. 5
Application of
Penal Code and
immunity of
Commissioner
Cap. 16
Cap. 11
Obligations
and rights of
witnesses

ployment of
experts
Act No. 27 of 1994 s. 5
Application of
Penal Code and
immunity of
Commissioner
Cap. 16
Cap. 11
Obligations
and rights of
witnesses

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THE COMMISSIONS OF INQUIRY ACT [CAP. 32 R.E.

All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.664
THE COMMISSIONS OF INQUIRY ACT [CAP. 32 R.E.

2023]
served on him, and every person who attends but leaves the
Commission without the permission of the Commissioners,
or refuses without sufficient cause to answer, or to answer
fully, satisfactorily, or to the best of his knowledge and belief,
all questions put to him by or with the concurrence of the
Commissioners or refuses without sufficient cause or fails
to produce any books, plans or documents in his possession
or under his control, and mentioned or referred to in the
summons served on him, and every person who at any sitting
of the Commission, wilfully insults any Commissioner, or the
secretary or wilfully and improperly interrupts the proceedings
of the Commission, commits an offence and on conviction
shall be liable to a fine not exceeding one thousand and five
hundred shillings:
Provided that, a person giving evidence before the
Commission shall not be compellable to incriminate himself
and every such person shall, in respect of any evidence given
by him before the Commission, be entitled to all the privileges
to which a witness giving evidence before the High Court
is entitled.

y evidence given
by him before the Commission, be entitled to all the privileges
to which a witness giving evidence before the High Court
is entitled.

17.–(1) A person whose conduct is the subject of inquiry
under this Act, or who is in any way implicated or concerned
in the matter under inquiry, shall be entitled to be represented
by an advocate at the whole of the inquiry, and any other
person who may consider it desirable that he should be so
represented may, by leave of the Commission, be represented
in the same manner. (2) The Government shall be entitled to be represented at
any injury under this Act by the Attorney General or such
person as he may nominate in that behalf. 18. The President may direct the Inspector General of Police
to detail police officers to attend upon any Commissioners,
to preserve order during the proceedings of the Commission,
and to serve summonses on witnesses, and to perform such
other duties as the Commissioners shall direct. Appearance by
advocate
Act No. 27 of 1994 s. 6
Power to direct
police officers
to attend
Commissioners

other duties as the Commissioners shall direct. Appearance by
advocate
Act No. 27 of 1994 s. 6
Power to direct
police officers
to attend
Commissioners

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THE COMMISSIONS OF INQUIRY ACT [CAP. 32 R.E. 2023]
19. Commissioners appointed under this Act shall not be
entitled to any remuneration, unless such remuneration shall be
specially granted by the President, beyond the actual expenses
incurred in holding the inquiry, but the President may direct
what remuneration, if any shall be paid to the secretary, and
to any other person employed in or by any such Commission,
and may direct payment of any other expenses attendant
upon the carrying out of any such Commission, or upon any
proceedings for any penalty under this Act and such sums, so
directed to be paid, shall be paid out of the Consolidated Fund,
on the warrant of the Principal Secretary to the Treasury. 20. All Commissions under this Act, and all revocations of any
such Commission, shall be published in the Gazette, and shall
take effect from the date of such publication.

nder this Act, and all revocations of any
such Commission, shall be published in the Gazette, and shall
take effect from the date of such publication.

21.–(1) Upon receipt of a report of a Commissioner at the end
of an inquiry, the President may-
(a) if the President is satisfied that further investigations
ought to be carried out or prosecutions undertaken,
instruct the Director of Public Prosecutions to advise
the police what investigations should be done or
direct the institution of the appropriate criminal
prosecution; or
(b) if the President is of the opinion that any other measures
ought to be taken against any person or persons, order
that such measures be taken. (2) Where any loss is revealed by the inquiry as having been
caused by the conduct of any person, the President may order
that the person concerned be required to pay compensation
of such amount as the Minister shall certify to be the
appropriate amount. (3) The President may direct that any report of a
commissioner be withheld from publication or be withheld
for such time as the President may specify. Remuneration of
Commissioners,
etc. GN. No. 403 of 1960
Commissions to
be published in
Gazette
Action on report

uch time as the President may specify. Remuneration of
Commissioners,
etc. GN. No. 403 of 1960
Commissions to
be published in
Gazette
Action on report

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THE COMMISSIONS OF INQUIRY ACT [CAP. 32 R.E. 2023]
22. A person shall not be liable to any action, suit, indictment
or proceeding by reason of publishing a true account of any
evidence taken in public in pursuance of the powers conferred
by this Act or of any report of the Commissioners made public
by the authority of the President. 23. No proceedings shall be commenced for any penalty under
this Act except by direction of the Attorney General. 24.–(1) The Minister may, with the consent of the President
make regulations for the better and more efficient carrying out
of the purposes and provisions of this Act. (2) Regulations made under this Act shall be published in
the Gazette. SCHEDULE
(Made under section 7)
THE COMMISSIONS OF INQUIRY ACT
FORM OF OATH OR AFFIRMATION TO BE
TAKEN BY A COMMISSIONER
I,.........................., having been appointed under a Commission issued
by the President and dated the ......................... day of .................... 20........

....., having been appointed under a Commission issued
by the President and dated the ......................... day of .................... 20........

to be a Commissioner to inquire into the matters specified in
the Commission, do swear (or do solemnly and sincerely affirm) that
I will faithfully, fully, impartially, and to the best of my ability, discharge
the trust, and perform the duties devolving upon me by virtue of
the Commission. (In the case of an oath, add)
So help me God. ....................................... Commissioner
Protection of
person publishing
true account
Act No. 27 of 1994 s. 7
Conditions as to
proceedings for
penalties
Regulations
Act No. 27 of 1994 s. 8

er
Protection of
person publishing
true account
Act No. 27 of 1994 s. 7
Conditions as to
proceedings for
penalties
Regulations
Act No. 27 of 1994 s. 8

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THE COMMISSIONS OF INQUIRY ACT [CAP. 32 R.E. 2023]
THE COMMISSIONS OF INQUIRY ACT
SUMMONS TO A WITNESS
(Made under section 12(3))
To A.B. (name of person summoned, and his calling and residence, if
known). You are hereby summoned to appear before the Commissioners
appointed by the President to inquire (state briefly the subject of inquiry)
at (place) upon the ................... day of ......................... 20........ at ...........
o’clock, and to give evidence respecting such inquiry, (If the person
summoned is to produce any documents, add (And you are required to
bring with you (..........) specify the books, plans and documents required).
Given under my hand this ......................... day of .........................
20.....................
.....................................
Commissioner or
Secretary to the Commissioner

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