Related documents
- Is amended by 24th Annual Supplement

LAWS OF KENYA
JUDICIAL SERVICE ACT
THE JUDICIAL SERVICE (TRIBUNAL TO INVESTIGATE JUSTICE JACKTON BOMA OJWANG) RULES OF PROCEDURE
LEGAL NOTICE 71 OF 2019
- Published in Kenya Gazette Vol. CXXI—No. 73 on 7 June 2019
- Commenced on 7 June 2019
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
1. Citation
These Rules may be cited as the Judicial Service (Tribunal to Investigate Justice Jackton Boma Ojwang) Rules of Procedure.2. Interpretation
In these Rules, unless the context otherwise requires —"Act" means the Judicial Service Act (Cap. 8A);"assisting counsel" means counsel appointed by the President of the Republic pursuant to section 31(4) of the Act;"Chairperson" means the Chairperson of the Tribunal;"hearing" means a sitting of the Tribunal for the purpose of receiving evidence, hearing submissions from a party, delivering a decision, or doing anything lawfully required to enable the Tribunal to reach a decision, on any complaint before it;"Judge" means Justice Jackton Boma Ojwang whose conduct is the subject of the investigations of the Tribunal;"Member" means a member of the Tribunal;"Register" means the register in which pleadings and supporting documents and all orders and decisions of the Tribunal are kept in accordance with these Rules;"Registry" means the registry of the Tribunal;"Secretary" means the person appointed by the President to carry out the functions set out in rule 4;"Tribunal" means the tribunal appointed to investigate the conduct of Justice Jackton Boma Ojwang, Judge of the Supreme Court of Kenya; and"Vice-Chairperson" means the person elected pursuant to section 31(2) of the Judicial Service Commission Act (Cap. 8A).3. Chairperson
The Chairperson shall co-ordinate the work of the Tribunal and be responsible for—4. Secretary
5. Quorum of the hearing and business of the tribunal
6. Tribunal to uphold principle of substantive justice
7. Powers of Tribunal not affected or limited
Nothing in these Rules shall be deemed to limit or otherwise affect any of the powers of the Tribunal necessary for the proper execution of its mandate.8. Service of notice
9. Hearings
10. Right to be present at hearing and to legal counsel
The Judge shall have the right to be present during all of the proceedings that relate to him and shall be entitled to legal representation by counsel.11. Assisting counsel to present evidence
Assisting counsel shall present evidence and any matter relevant to the investigation.12. Summoning of witnesses
13. Tribunal not bound by strict rules of evidence
The Tribunal shall not be bound by the strict rules of evidence but shall be guided by the rules of natural justice.14. Right to cross-examine witnesses
The Judge shall have the right to cross-examine any witness during the hearings.15. Right to call evidence and personal appearance
16. Tribunal and assisting counsel may examine witnesses
17. Form of evidence
18. Submissions
At the close of the hearing of all evidence before the tribunal, Counsel assisting the Tribunal and the Judge or their counsel shall be entitled to make oral or written submissions.19. Delivery of decisions
20. Sittings of the Tribunal
The Tribunal shall sit on such days, and at such times and venues as it may determine.21. Registry hours
The Registry shall be open for business from Monday to Friday from 8:30 am to 4:30 pm but may be open at other times for urgent business at the direction of the Chairperson.22. Summonses to be signed by Secretary
Summonses issued by the Tribunal shall be endorsed by and bear the signature of the Secretary.23. Recording of proceedings
The Chairperson shall cause to be taken notes of all proceedings before the Tribunal or may direct that the record of any proceedings before the Tribunal be taken by shorthand notes or tape-recorded or, at the discretion of the Tribunal, electronically recorded.24. Practice directions
The Chairperson may issue Practice Directions for the just, efficient and economical determination of proceedings under these Rules, and the Practice Directions so issued shall be special rules of practice and procedure of the Tribunal.25. Extension of time
The Tribunal may, for sufficient cause shown, extend the time prescribed by these Rules for doing any act or taking any proceedings upon such terms and conditions, if any, as may appear just and expedient.26. Amendment of Rules
The Tribunal may, from time to time, by notice in the Gazette amend the provisions of these Rules.27. General powers of Tribunal
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement