Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
COMMISSION ON ADMINISTRATIVE JUSTICE ACT
THE COMMISSION ON ADMINISTRATIVE JUSTICE REGULATIONS
LEGAL NOTICE 64 OF 2013
- Published in Kenya Gazette Vol. CXV—No. 61 on 19 April 2013
- Commenced on 19 April 2013
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Citation
These Regulations may be cited as the Commission on Administrative Justice Regulations.2. Interpretation
In these Regulations, unless the context otherwise requires—"Act" means the Commission on Administrative Justice Act (Cap. 7J);"admission" means the process by which the eligibility of a complaint to determination by the Commission is done;"Chairperson" means the Chairperson of the Commission appointed in accordance with section 11 of the Act;"Commission" means the Commission on Administrative Justice established under section 3 of the Act;"Commissioner" means a member of the Commission appointed under section 11 of the Act;"Complainant" means a person or institution alleging breach of any matter under the mandate of the Commission;"Complaint" means an oral, written or any other communication made or addressed to the Commission or taken up by the Commission against a State Office or State Officer or Public Officer or Public Office;"hearing" means a sitting of a hearing panel for the purpose of enabling it to reach or announce a decision on a complaint under adjudication;"investigation" includes the formal process following a preliminary inquiry or on the Commission’s own motion of establishing the facts in a matter, by an investigator, upon a decision of the Commission;"mediation" means the process by which the Commission assists a complainant and the respondent to reach a fair settlement regarding the complaint and may include, the process of conciliation or negotiation;"respondent" means a person or institution against whom or who the complaint is made;"State office" has the meaning assigned to it under Article 260 of the Constitution; and"State officer" has the meaning assigned to it under Article 260 of the Constitution.Part II – LODGING AND HANDLING PROCEDURE OF A COMPLAINT
3. Lodging of complaints
A complaint may be lodged at the offices of the Commission or at such place or places and in such form as the Commission may from time to time determine.4. Parties to a Complaint
A complaint may be lodged by the complainant in person or by a person acting on behalf of the complainant or by any other person authorized by law to act for the complainant, provided that the Commission may admit anonymous complaints.5. Form of a complaint
6. Principles of natural justice
In the determination of complaints under these Regulations, the Commission shall have due regard to the principles of natural justice and shall not be bound by any legal or technical rules of evidence applicable to proceedings before a court of law.7. Fees
The Commission shall not charge any fee in the lodging and determination of complaints.8. Service of process
9. Screening of Complaints
10. Discontinuation of a complaint
Where, in the opinion of the Commission, a complaint does not merit further consideration, it may discontinue further proceedings on the complaint, record its reasons and notify the complainant accordingly.11. Appeal
12. Withdrawal and lapse of complaint
13. Joint consideration of complaint
14. Judicial notice
The Commission may take judicial notice of facts that are publicly known.15. Language
16. Register of Complaints
The Commission shall keep a register of complaints in which all complaints shall, upon receipt, be entered.Part III – ADMISSION AND RESOLUTION OF A COMPLAINT
17. Action on complaint
18. Failure to respond to Summon
If a respondent fails to respond to the summonses or other orders referred to in regulation 17, the Commission may proceed to—19. Resolution of complaint
In resolving a complaint, the Commission may—20. Action against respondent
After adopting any of the options stated in regulation 19, the Commission may determine the complaint and—21. Determination of complaint
In determining the complaint, the Commission may—Part IV – INVESTIGATIONS
22. Investigations
Part V – MEDIATION, CONCILIATION AND NEGOTIATION
23. Procedure
24. Procedures at conciliation meeting
During the mediation or meeting, the panel appointed under regulation 23(4) may apply such procedures as it may, in the interests of the parties, deem appropriate in the circumstances.25. Conciliation agreement
Part VI – COMMISSION HEARINGS
26. Hearings
27. Hearing procedure
28. Default in appearance
29. Procedure at hearing
30. Change of Advocate
An advocate who appears for a party at any stage shall be deemed to be that party’s advocate throughout the proceedings unless—31. Panel decisions
32. Orders
33. Copies of proceedings
Parties may obtain a copy of the Commission’s decision free of charge.Part VII – MISCELLANEOUS
34. Amicus curiae
35. Forms
The Commission may from time to time determine any other forms for the better carrying out of the provisions of the Act and these Regulations.36. Cases not covered by these Regulations
Any case not covered by these Regulations shall be dealt with in accordance with such instructions as the Commission may issue from time to time.History of this document
31 December 2022 this version
Revised by
24th Annual Supplement