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6 January 2004

Kenya Government Gazette dated 2004-01-06 number 4

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  SPECIAL ISSUE




                THE KENYA GAZETTE
                                                  Published by Authority of the Republic of Kenya

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


  Vol. CVI—No.4                                         NAIROBI, 6th January, 2004                                                      Price Sh. 40

  GAZETTE NOTICE NO. 96                                                              during all of the proceedings that relate to him or to her and shall
                                                                                     be entitled to legal representation by counsel.
                    THE CONSTITUTION OF KENYA
                                                                                     The Counsel assisting the Tribunal will present evidence relating
   TRIBUNAL TO INVESTIGATE CONDUCTOF PUISNE JUDGES
                                                                                     to the conduct of the subject and any matter relevant to the
                          (G. N. No. 8829 of 2003)                                   investigation.

                           RULES OF PROCEDURE                                         (1)    The Tribunal shall serve on each subject of the
                                                                                     investigation a hearing notice, at least fourteen (14) days before the
     WHEREASin exercise of the powers conferred by section 62 (5)                    date of hearing.
  of the Constitution of Kenya, His Excellency the President, through
  Gazette Notice No. 8829 of the 11th December, 2003, appointed a                    (2)    The Counset assisting the Tribunal shall draw up a list of
  Tribunal to investigate the conduct of Puisne Judges, Daniel K. S.                 the allegations against each subject of the investigation, together
  Aganyanya, Tom Mbaluto, A. Mbogholi Msagha, Roselyn Nambuye,                       with a summary of the evidence in support of the allegations and
  J. V. Odero Juma, and J. Kasanga Mulwa;                                            shall serve the document containing the allegations. and the
                                                                                     summary of the evidence on the subject of the investigation, at
      AND WHEREASthe said Gazette Notice mandates the Tribunal                       least fourteen (14) days before the date of hearing.
  to regulate its own procedure;
                                                                                    . The Tribunal may, at its sole discretion, summon any person or
     NOW THEREFORE,the Tribunal makes the following Rules of                          persons to testify before it on oath.or to produce such documents as
  Procedure:                                                                          the Tribunal may require, and the person so summoned shall be
                                                                                     obliged to attend and to testify or produce the required documents
  1. Nothing in these Rules shall be deemed tolimit or otherwise affect              and the provisions applying to witnesses summoned by ordinary
     all the powers of the Tribunal necessary for the proper execution of            courts of law shall apply to such person.   :
     its mandate as set out in the aforementioned Gazette Notice.
                                                                                 1]. The Tribunal shall not be bound by the provisions of the Evidence
  2. The Tribunal shall sit on such days, and at such times and venues               Act but shall be guided by the ordinary rules of evidence and
     as shall be determined by the Tribunal.                                         procedure, including the rules of natural justice and relevancy.
  3. The quorum necessary for the conduct of the hearing of the                     ~The subject of the investigation shall have the right to cross-
     Tribunal shall be the Chairman and two (2) other members.                       examine any orall witnesses in the investigation.
  4. The business of the Tribunal shall be carried on by any three                  .(1) The subject of the investigation’ shall be entitled to call
     membersandthe Secretary.                                                        evidence to rebut allegations made against him or her.
' §. The hearings shall be held in private save that the subject of the              (2) The subject duly served may elect not to'attend in person or by
     investigation may choose to have the hearing in public.                         counsel of at all, in which event in Tribunal shall be entitled to
  6. The Tribunal may exclude any person orclass of persons from all
                                                                                     consider ‘the evidence available and make a report and appropriate
     or any part of the investigation if satisfied that it is desirable so to        recommendations.
     do for the following reasons—                                                14. The Tribunal and Counsel assisting the Tribunalshall be entitled to
     (a) the preservation of order; or                                               cross-examine the subject or any of the witnesses called by the
                                                                                     subject.
     (b) the due conductofthe investigation; or
                                                                                    .The Tribunal shall have the power to recall any witness or
     (c) the protection of any witness in the investigation or any person            witnesses.
         referred toin the course of the investigation or the property or
         reputation of such witness or person,                                      . Evidence may be presented in form of memorandum, affidavit or
                                                                                      other documentation and the Tribunal shail be entitled to receive
     and may, if satisfied that it is desirable for any of the purposes               such documents and to use the contents thereof in forming its
     aforesaid so to do, order that no person shall publish the name,                 opinion:
     address photograph of any such witness or person or any evidence
     or information whereby he would or may be identified from.                        Provided jioweveithat the subject shalt be furnished
                                                                                                                                  furnish   with
                                                                                                                                              it copics
                                                                                     of any documentary evidence and may seek leave to address the
  7. The subject of the investigation shall have the right.to. be, present —         Tribunal thereon.
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