The Advocates (Complaints Commission) (Structure and Procedure) Rules

Legal Notice 213 of 2003

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LAWS OF KENYA

ADVOCATES ACT

THE ADVOCATES (COMPLAINTS COMMISSION) (STRUCTURE AND PROCEDURE) RULES

LEGAL NOTICE 213 OF 2003

  • Published in Kenya Gazette Vol. CVI—No. 1 on 2 January 2004
  • Commenced on 2 January 2004
  1. [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Rules may be cited as the Advocates (Complaints Commission) (Structure and Procedure) Rules.

2. Application

The provisions of these Rules shall apply where two or more Commissioners are appointed to the Commission under section 53(2) of the Act.

3. Designation of Chairman

Where two or more Commissioners are appointed to the Commission, the Attorney- General may, by notice in the Gazette, designate one Commissioner to be the chairman of the Commission.

4. Meetings

Subject to rule 5, the Commission shall have at least four meetings in each calendar year.

5. Special meeting

Notwithstanding rule 4, the Secretary to the Commission may, at any time, and shall, within fourteen days of the receipt of a written request signed by at least two Commissioners, convene a special meeting of the Commission.

6. Chairman to preside

The Chairman shall preside at every meeting of the Commission at which present, and, in the absence of the Chairman at any meeting, the Commissioners present shall elect one of their number who shall, with respect to that meeting and the business transacted thereat, have all the powers of the Chairman.

7. Quorum

The quorum for a meeting of the Commission shall be two Commissioners.

8. Voting

A decision on any matter before the Commission shall be by a majority of the votes of the members present and voting, and, in the case of an equality of votes, the Chairman or the person presiding shall have a casting vote.

9. Disclosure of interest

(1)If a Commissioner is directly or indirectly interested in any matter before the Commission, and is present at a meeting of the Commission at which the matter is the subject of consideration, such Commissioner shall, at the meeting and as soon as reasonably practicable after the commencement thereof, disclose that fact, and shall not take part in the consideration or discussion of, or vote on, any questions with respect to that matter, or be counted in the quorum of the meeting during consideration of the matter.
(2)A disclosure of interest made under this paragraph shall be recorded in the minutes at which it is made.

10. Commissions may determine own procedure

Subject to these Rules, the Commission may determine its own procedure, including the procedure for the attendance of other persons at its meetings, and may make standing orders in the respect thereof.
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History of this document

31 December 2022 this version
02 January 2004