Local Government Act - Kenya Law Reports

Rev. 2010]
non-prosecution thereof.
Local Government CAP. 265 133
(2) The inspector shall take all necessary steps to recover from
the person surcharged in any competent court any such sum as aforesaid
which is not so paid.
(3) In any proceedings for the recovery of any such sum the in
spector’s certificate shall be conclusive evidence that the sum is
due and payable by the person charged.
(4) On the production of such certificate the Court shall give
a decree for the sum sued for, and every such decree shall have the
effect of a decree under the Civil Procedure Act and any rules made
thereunder.
241. (1) Any expenses incurred by an inspector in the defence
of any allowance, disallowance or surcharge made by him shall, so far
as not recovered from any other party and except as may otherwise
be ordered by the High Court or the Minister, as the case may be, be
reimbursed to him out of the fund to which the accounts subject to
his inspection relates, and the High Court or Minister may make such
order as may seem fit in regard to the payment out that fund of the
expenses incurred by the appellant or applicant or any other party to
the proceedings.
(2) The costs and expenses incurred by an inspector in any legal
proceedings taken by him under section 240 (2) shall, so far as not
recovered from any other source, be paid out of the fund to which the
accounts subject to his inspection relates.
242. ( 1) For the purposes of his powers and duties under this
Part the inspector may hear and receive evidence and examine witnesses
upon oath or affirmation (which oath or affirmation the inspector is
hereby empowered to administer), and may, by summons under his hand,
require all such persons as he may think fit to appear personally before
him at a time and place to be stated in such summons and to produce all
such books and papers (including the minutes of the proceedings of the
local authority or of any committee thereof) as he may deem necessary
for such examination.
(2) Any person so required who, without reasonable excuse—
(a) neglects or refuses to comply with such summons; or
(b) having appeared, refuses to be examined on oath or
affirmation or to take such oath or affirmation; or
Cap. 21.
Expenses of
inspector.
L.N. 634/1963,
L.N. 148/1964,
L.N. 36/1970.
Power of inspector to
take evidence.
13 of 1970, s. 10.