Section 73 of Employment Act CAP 226: Power to obtain information
(1) Where an application is made to the Minister under section 66 in respect of debt owed by an employer, the Minister may require—
(a) the employer to provide him with such information as he may
reasonably require for the purpose of determining whether the application is well founded; and
(b) any person having the custody or control of any relevant records or other documents the Minister may require to produce for examination on behalf of the Minister any such records or document.
(2) A request for information, records or a document under subsection (1)—
(a) shall be made by notice in writing to the person required to furnish the information, or produce the records or document; and
(b) may be varied or revoked by a subsequent notice so given.
(3) A person who refuses or wilfully neglects to furnish any information or produce any record or document that he has been required to furnish or produce by a notice under this section commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand shillings or to imprisonment for a term not exceeding six months or to both.
(4) A person who in purporting to comply with a requirement of a notice under this section, knowingly or recklessly makes any false statement commits an offence.
(5) Where an offence under this section is committed by a body corporate and is proved—
(a) to have been committed with the consent or connivance of; or
(b) to be attributable to any neglect on the part of,
any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person and the body corporate commits an offence.
(6) Where a member of a body corporate manages the body corporate, subsection (5) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
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