Section 128 of Occupational Safety and Health Act CAP 236A: Power to direct formal investigation of accidents and cases of disease

(1) The Cabinet Secretary may direct a formal investigation to be held into any accident occurring or case of disease contracted or suspected to have been contracted in a workplace, premises, place or location and of its causes and circumstances and the provisions of this section shall have effect with respect to such investigation.
(2) The Cabinet Secretary may appoint a tribunal of competent persons to carry out the investigation, and may appoint any person possessing legal or special knowledge to act as assessor to the investigation.
(3) The tribunal appointed under subsection (2) shall carry out the investigation in such manner and under such conditions as it may deem most effective for ascertaining the causes and circumstances of the accident or case of diseases, and for enabling the making of the report required by this section.
(4) The tribunal shall for the purpose of the investigation, have all the powers of a magistrate’s court when trying information for offences under this Act, and all the powers of an occupational safety and health officer under this Act, and, in addition, power—
(a) to enter and inspect any place or building the entry or inspection of which appears to the tribunal requisite for the purposes of the investigation;
(b) by summons signed by the Chairperson to the tribunal, to require the attendance of all such persons as the tribunal deems fit and to require answers or returns to such inquiries as it thinks fit to make;
(c) to require the production of all books, papers and documents which it considers important for the purpose of the investigation; and
(d) to administer oaths and require any person examined to make and sign a declaration of the truth of the statements made by him in his examination.
(5) Persons attending as witnesses before the tribunal shall be paid such expenses as would be paid to witnesses attending before a magistrate’s court and in the case of a dispute as to the amount to be allowed, the dispute shall be referred to the registrar or a deputy registrar of the High Court who, on request signed by the tribunal, shall ascertain and certify the proper amount of the expenses.
(6) The tribunal shall make a report to the Cabinet Secretary stating the causes and circumstances of the accident or the occurrence of a disease and add any observations, which the tribunal deems fit to make.
(7) Any person who, without reasonable excuse, proof whereof shall lie on him, either fails, after having had the expenses, if any to which he is entitled tendered to him, to comply with any summons, order or requisition of the tribunal, or prevents or impedes the tribunal in the execution of its duty, commits an offence and shall on conviction be liable to a fine not exceeding fifty
thousand shillings, and in the case of a failure to comply with a requisition for making any return or producing any documents, if the failure in respect of which he was convicted is continued after the conviction, he shall (subject to the provisions of section 115) be guilty of a further offence and liable to a fine not exceeding one thousand shillings for every day on which the failure is continued.
(8) The Cabinet Secretary may cause the report of the tribunal to be made public at such time and in such manner as the Cabinet Secretary deems fit.