No. 2 of 1998
(b)
(c)
Kenya Information and Communications
[Rev. 2018]
take evidence on oath and may for that purpose administer oaths; or
on its own motion summon and hear any person as witness.
(2) Any person who—
(a) fails to attend the Tribunal after having been required to do so under
subsection (1)(a);
(b) refuses to take oath or affirmation before the Tribunal or, being a
public officer refuses to produce any article or document when lawfully
required to do so by the Tribunal;
(c) knowingly gives false evidence or information which he knows to be
misleading before the Tribunal; or
(d) at any sitting of the Tribunal—
(i) wilfully insults any member or officer of the Tribunal;
(ii) wilfully interrupts the proceedings or commits any contempt of
the Tribunal;
(iii) fails or neglects to comply with an award, decision, order,
direction or notice confirmed by the Tribunal commits an
offence under this Act;
(e) fails or neglects to comply with an award, decision, order, direction or
notice confirmed by the Tribunal commits an offence under this Act.
[Act No. 41A of 2013, s. 37.]
102E. Decisions of the Tribunal
(1) The Tribunal may, after hearing the parties to a complaint—
(a) order the offending party to publish an apology and correction in such
manner as the Tribunal may specify;
(b) order the return, repair, or replacement of any equipment or material
confiscated or destroyed;
(c) make any directive and declaration on freedom of expression;
(d) issue a public reprimand of the journalist or media enterprise involved;
(e) order the offending editor of the broadcast, print or online material to
publish the Tribunal's decision, in such manner as the Tribunal may
specify;
(f) impose a fine of not more than twenty million shillings on any
respondent media enterprise and a fine of not more than five hundred
thousand shillings on any journalist adjudged to have violated this Act;
(g) in its reasons for its findings, record a criticism of the conduct of the
complainant in relation of the complaint, where such criticism, is in its
view, warranted;
(h) recommend the suspension or removal from the register of the
journalist involved;
(i) make any supplementary or ancillary orders or directions that it may
consider necessary for carrying into effect orders or directives made.
(2) The Tribunal may make any or a combination of the orders set out in
subsection (1).
[Act No. 41A of 2013, s. 37.]
80
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