57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?

(1) Where –

(a) the Registrar; or

(b) the Commission; or

(c) a person authorized by the Registrar or Commission in writing,

is of the opinion that a person or a political party may have contravened the provisions of this Law or is of the opinion that it is necessary to do so for the purposes of the performances of a function of the Registrar, the Registrar or Commission or the authorized person, under this Law, as the case may be, may –

(d) require that the person or political party to produce any receipts, papers, bank statements, documents or other records relating to matters covered by this Law; and

(e) where any information relating to matters covered by this Law are contained in an electronic storage medium, require that person or political party to give him full and free access to the electronic medium and to the information contained therein; and

(f) inspect any such receipt, paper, bank statement, documents or other record or electronic medium and information contained therein; and

(g) take copies of any such receipt, paper, bank statement, document or other record or of information contained in an electronic medium.

(2) A person or political party, who or which –

(a) hinders or obstructs the Registrar, or a member of the Commission authorized by the Commission, or a person authorized by the Registrar or the Commission in the exercise or performance of his powers and functions under Subsection (1); or

(b) without lawful excuse (proof of which is on him) –

(i) refuses or wilfully neglects to produce; or

(ii) refuses to allow the Registrar, or a member of the Commission authorized by the Commission, or a person authorized by the Registrar or by the Commission to make copies of, any receipt, paper, bank statement, document or other record, or of information contained in any electronic medium, is guilty of an offence.

Penalty: A fine not exceeding K10, 000.00.

Source: Article 91, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

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