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31 October 2003

Kenya Government Gazette dated 2003-10-31 number 108

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SPECIAL ISSUE




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             THE KENYAGAZETTE
                                               Published by Authority of the Republic of Kenya

                                                        (Registered as a Newspaperat the G.P.O.)


Vol. CV—No.108                                      NAIROBI, 3ist October, 2003                                                         Price Sh. 40


GAZETTE NOTICE NO. 7775                                                         5. The counsel assisting the Tribunal shall present evidence relating
                                                                                   to the investigation.
             THE CONSTITUTION OF KENYA
                                                                                6. (1) The Tribunal shall serve on each subject of the investigation a —
   IN THE MATTER OF THE TRIBUNAL APPOINTED UNDER
                                                                                   hearing notice in Form | in the Schedule, at teast fourteen (14)
 SECTIONS 62 AND 64 OF THE CONSTITUTION OF KENYA TO
                                                                                      days before the date of the hearing.
    INVESTIGATE THE CONDUCT OF JUDGES OF APPEAL
                                                                                   (2) The counsel assisting the Tribunal shall draw up a list of the
                         RULES OF PROCEDURE
                                                                                   allegations against each subject of the investigation, together with
   THIS Tribunal has been convened pursuant to its appointment to                  a summary of the evidence in support of the allegations and shall
investigate the conduct of Judges of Appeal, Richard Otieno Kwach,                 serve the document containing the allegations and the summary of
Amnritlal-B. Shah. A. A. Lakha. Moijo M. ole Keiwua. Effie Owuor                   the evidence on the subject of the investigation, at least fourteen
and P. N. Waki, including,.but not limited to, the allegations that the          ~ (14) days before the date of the hearing.
said Judges of Appeal have been involved in corruption, unethical
                                                                                7. (1) The Tribunal may—
practices and absence ofintegrity in the performance of the functions
oftheir office, as stated in Gazette Notice No. 7280 of 2003.                         (a) at its sole discretion; or
   The Tribunal makes the following rules for the conduct and                         (b) at the request of the counselassisting the Tribunal or any ofthe
managementof the proceedings of the investigation, pursuant to its                        subjects of the investigation,
mandate under the Constitution of Kenya and the aforementioned
Gazette Notice:                                                                       summon any person or personsto testify before it on oath or to
                             &
                                                                                      produce such documents as the Tribunal may require, and the
1, The Tribunal shall sit daily from Monday to Friday, from 9.30 a.m.                 person so summoned shall be obliged to attend and to testify or
   to 1.00 p.m.and from 3.00 p.m. to 5.00 p.m., at such place as the |                produce the required documents and the provisions applying. to
   Tribunal shall determine and notify the public.                                    witnesses summoned byordinary courts of law shall apply to such
2. The investigation by the Tribunal shall be held in private unless the              person.
    Tribunal, at its own discretion or at the request of any of the                   (2) A request made under paragraph (1) shali be in writing and
    subjects of the investigation, otherwise directs,                                 shall be addressed to the Secretary to the Tribunal.
3. The Tribunal may exclude any personor class of persons from all                    (3) A witness summons underthis rule shall be in Form 2 in the
    or any part of the investigation if satisfied that it is desirable to do          Schedule.
    so for—
                                                                                 8. The Tribunal shall not be bound by the provisions of the Evidence
    (a) the preservation of order; or                                                 Act (Cap. 80) but shall be guided by the ordinary rules of evidence
                                                                                      andprocedure, including the rules of natural justice and relevancy.
    (b) the due conduct of the investigation: or
                                                                                 9. Each subject of the investigation shall have the right to cross-
    (c) the protection of the person, property or reputation of any
                                                                                      examineany orall witnesses who give evidence against him orher.
        witness in the investigation or 4ny person referred to in the
                                                                                      If the subject is represented by counsel, then such counsel shall
        course ofthe investigation,
                                                                                      conductthe cross-examination.
    and may,if satisfied that it is desirable to do so for any of the
                                                                                   y. Each subject of the investigation shall be entitled to call evidence -
    foregoing purposes; order that no person shall publish the name.
                                                                                      to rebutallegations made against him or her.
    address or photograph of any such witness or person or any
    evidence or information whereby he would be likely to be                     1 . Each subject of the investigation and any witness called by the
                                                                                 ne




    identified.                                                                        subject may be examined by the Tribunal, or by the counsel
                                                                                       assisting the Tribunal, whether such subject or witness elects to
 4. Each subject of the investigation ot any person adversely affected
                                                                                       give evidence or not.
    or implicated in the investigation shall have the right to be present
    during all of the proceedings that relate to him or her and may                   . The Tribunal maycall for further evidence on ‘any relevant point or
    choose to be represented by counsel of their choice.                                matter before it and may recall any witness for further
                                                                                       examination.                     :               ,
                                                                                                                   -                               ryan


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