Article 125. Power to call for evidence
Official Constitutional Text
125. (1) Either House of Parliament, and any of its committees, has power to summon any person to appear before it for the purpose of giving evidence or providing information.
(2) For the purposes of clause (1), a House of Parliament and any of its committees has the same powers as the High Court—
(a) to enforce the attendance of witnesses and examine them on oath, affirmation or otherwise;
(b) to compel the production of documents; and
(c) to issue a commission or request to examine witnesses abroad.
Plain English Explanation
This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.
Article 125 of the Kenyan Constitution defines the powerful investigative authority given to the legislature to hold individuals and institutions accountable. It establishes that either the National Assembly or the Senate, along with any of their respective committees, has the absolute power to summon any person to appear before them to give evidence or provide information. To make this oversight functional, the article grants Parliament the exact same legal powers as the High Court of Kenya. This judicial-level authority allows parliamentary committees to legally enforce the attendance of witnesses and question them under oath or official affirmation, compel individuals or organisations to produce any requested documents, and issue formal requests to examine witnesses residing outside Kenya.