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22 July 2008

Kenya Government Gazette dated 2008-07-22 number 58

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           THE KENYA GAZETTE
                                           Published by Authority of the Republic of Kenya
                                                         (Registered asa Newspaperat the GPO.)                 ,
    a


    Vol. CX—No. 58                                     NAIROBI,22ndJuly, 2008                                                        Price Sh.50


    GAZETTE NOTICENO.6543                                                           (c) the due conductof the Inquiry? or
                   ‘THE COMMISSIONSOF INQUIRY ACT                                   {d) the protection of any. witness in the inquiry or any person
                                    (Cap. 102)                                          referred to in the course of the inquiry or the property or
                                                                                        reputation of such witness or person,
           THE COMMISSION OF INQUIRY INTO THE SALE OF
                    GRAND REGENCY HOTEL                                          and -may, if satisfied that it is desirable for any of the purposes
                                                                                -aforesaid so to do, order that no person shall publish the name, address
                            RULES AND PROCEDURES                                 or photograph of any such witness or person or any evidence or
                                                                                 information whereby he would or may be identified from.
       WHEREASin exercise ofthe powers conferredby Section 3 of the
    Commissions of Inquiry Act, His Excellency the President, by Order             - 5. Peisons mentioned in the Gazette Notice and siny person
    dated 10th July, 2008, and published in Gazette Notice No. 6216 of.          adversely mentioned during the inquiry shall have the right-to be
    2008, appointed a Commission toiinquire into—                               _present during all the proceedings that relate to them and shall be
                                                                               . entitled to legal representation.
       (a) the circumstances leading to the sale of the Grand| Regency
          Hotel,                                                                    6. The Counsel assisting the Commission shall present evidence |
                                                                                relating to all matters under inquiry.
       (d) the role played by the various persons mentioned therein and
           any other person/s in relation to the said sale,                         7. The Commission shall serve on each person mentioned in rule
                                                                                5 hereinabove a hearing notice accompanied where. possible by a
       - AND. WHEREAS the Commission was empowered to take all                  summary of the relevant evidence and related documents, if any,
    procedural steps that it may deem necessary, including any other tasks,     pertinentto the issues under inquiry at least seven (7) days before the
    in fulfilling the foregoing terms ofreference and to recommend such         date of hearing. ~
    legal or administrative measures.as maybe necessary,
                                                                                    8. The Commission may, atits sole discretion, summon any
      AND WHEREASthe said Gazette Notice mandates the                         person or persons to testify before it on oath or to produce such
    Commission to regulate its own procedure.                                   document/s as the Commission may require, and the person so
.       NOWTHEREFORE the Commission makes the following Rales_                  summoned shall be obliged to attendand to testify on oath and or
                                                                                produce the required document/s and the. provisions applying to
    of Procedure:
                                                                                witnesses summoned by ordinary courts of law shall apply to such
       1. Nothing in these Rules shall be deemed to limit or otherwise        >’ person. .
   affect all the powers of the Commission necessary for the proper
   execution of its. mandate as.set out in the aforementioned Gazette               9.. The Commission shall not be bound by the provisions of the
_. Notice.     ,                                                                Evidence Act but shall be guided by the ordinary rules of evidence and
                                                                                procedure,including the rules of natural justice.                      :
     2. The.Commission shall sit on such days, and times and at such
"venues as shall be determined by the Commission.                                    10. Persons mentioned in rule 5 hereinabove shall havethe right to

       3. Sbjct Ral the heig ft Comino slhel                                        cross-examine any or all witnesses in the inquiry.
    inpublic,                                                                       11. Persons mentioned in rule 5 hereinabove shall be entitled to
        4, The Commission may exclude: any person or class of persons ~         call evidence to rebut allegations made against them.
    eter the fall eg cena nn Satafied chatit is desirable 60to                      12. Where any person mentioned in rule 5 hereinabove is duly
    do forthe following reasons—                                                served with a hearing notice and fails to attend in person or by counsel
      ' (@) at the request of any witness, if. the request. is deemed           or at all, the Commission shall be entitled to. consider, the evidence
            reasonable; or                                                      available and make areport and appropriate recommendations,
                                                N

       @) the preservation of order; or                                             “13. The Commission’ and Counsel assisting thé Commission shall
                                                                                have powerto cross-examine any witness called to give evidence.



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