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31 October 2003

Kenya Government Gazette dated 2003-10-31 number 109

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SPECIAL ISSUE




             THE KENYA GAZETTE                Published by Authority of the Republic of Kenya

                                                       (Registered as a Newspaper.at the G.P.O.)


Vol. CV—No. 109                                     NAIROBI,31st October, 2003                                                       Price Sh. 40

‘AZETTE NOTICE NO. 7776                                                        8. (i) The Tribunal shall serve on each subject of the investigation a
                                                                                       hearing notice, at least fourteen (14)° days before the date of
             THE CONSTITUTION OF KENYA                                                hearing.
    IN THE MATTER OF A TRIBUNAL APPOINTED UNDER
     SECTION 62 OF THE CONSTITUTION OF KENYA TO                                    (ti) The counsel assisting the Tribunal shall draw up list of the
     INVESTIGATE* THE CONDUCTOF PUISNE JUDGES                                           allegations against each subject of the investigation, together
                                                                                        with a summary of the evidence in support of the allegations
                        RULES OF PROCEDURE                                              and shall serve the document containing the allegations and the
                                                                                        summary of the evidence on the subject of the investigation, at
    THIS Tribunal has been convened pursuant to its appointment to
                                                                                        least fourteen (14) days before the date of hearing. ,
investigate the conduct of Puisne Judges, Daniel K. S. Aganyanya,
Tom Mbaluto, A. Mbogholi Msagha, Gideon Mbito, I. C. C.                        9. The Tribunal may at its sole discretion, summon. any person or
Wambilyiangah, Roselyn Nambuye, R. C. N. Kuloba, D. M. Rimita,                      persons to testify before it on oath or to produce such documents as
Sarah C. Ondeyo, A. I: Hayanga, A. G. A. Etyang, J. V. Odero Juma,                 the Tribunal may require, and the person so summoned shall be
J. K. Mitey, J. Kasanga Mulwa, G. E. Omondi Tunya, R. M. Mutitu                  - obliged to attend and to testify or produce the required documents
and L. P. Ouna, including but not limited to the allegations that the               and the provisions applying to witnesses summoned by ordinary
said puisne judges have been involved in corruption, unethical                      courts of law shall apply to such person.
practices and absence of integrity in the performance of the functions
oftheir offices.                                                                10. The subject of the investigation shall have the right to cross-
                                                                                    examine any or all witnesses in the investigation.
    The Tribunal makes the following rules for the conduct and
management of its proceedings pursuant to its mandate under the                   .G) The subject. of the investigation shall be entitled to call
Constitution of Kenya and the aforementioned Gazette Notice.                          evidenceto rebut allegations made against him ot her.

1. The Tribunal shalk sit on such days, ttme and venues as shall be                (ii) The subject duly served may elect not to attend in person or by
   ‘ determined by the Tribunal.                                                       counsel or at all in which event in Tribunal shall be entitled to
                                                                                       consider the evidence available and make a report and
2. The quorum necessary for the conduct of the hearing of the                          appropriate recommendations.                Ss
   Tribunal shall be the Chair and two (2) other members.
                                                                                12, The Tribunal and counselassisting the Tribunal shall be entitled to
3. The business of the Tribunal shall be carried on by any three                    cross-examine the subject or any of the witnesses called by the
   members and the Secretary.                                                       subject.                                                            .

4. The hearings shall be held in private save that the subject of the          -13. The Tribunal -shall have the power to recall any witness or
   investigation may choose to have the hearing in public.                       . witnesses.

5. The Tribunal may exclude any person or class of persons from all             14. (i) Evidence may be presented in form of memorandum, affidavit
 ‘or any part of the investigation if satisfted that it is desirable so to              or other documentation and the Tribunal shall be entitled to
   do for the following reasons—                                                        receive such documents and to use the contents thereof in
                                                                                      - formingits opinion.               /
    (a) the preservation oforder; or
                                                                                   Provided, however that the subject shall be furnished with copies
    (b) the due conductof the investigation; or                                    of any documentary evidence and may seek leave to address the
                                                                                   Tribunal thereon.
    (c) the protection of the person, property or reputation of any
        witness in the investigation or any person referred to in the
                                                                               15. At the close of the hearing all evidence before the Tribunal in
        course of the investigation,
                                                                                   respect of the subject counsel assisting the Tribunal and the
    and may, if satisfied that it is desirable for any of the purposes             subject, or his or her counsel shall be entitled to make submissions.
    aforesaid so to do, order that no person shall publish the name,
                                                                                16. The Tribunal may from time to time by notice in the Gazette
    address or photograph of any such witness or person or any
                                                                                   amend these Rules.           -
    evidence or information whereby he would may be identified from.
                                                                                   By Order of the Tribunal.
6. The subject of the investigation shall have the right’to be present
   during all of the proceedings that relate to him or to her and shall            Dated the 25th October, 2003.
   be entitled to legal representation by counsel.
                                                                                                                                L. G. MUTHOGA,
7. The counsel assisting the Tribunal will present evidence relating to                                                      Chairmanof the Tribunal.
   the conduct of. the subject and any matter relevant to the
   ‘investigation:
                                                                                                          *G.N. 7282/2003.

                                            PRINTED AND PUBLISHED BY THE GOVERNMENTPRINTER, NAIROBI                                             {2435


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