Kenya Communications (Appeals) Rules, 1999
ARRANGEMENT OF RULES
3. Appointment of Executive Officer.
4. Form and time for lodging an appeal.
5. Memorandum of appeal.
6. Statement of facts of appeal.
7. Service of Memorandum of appeal.
8. Statement of facts of the Director-General.
9. Notice and place of hearing.
10. Procedure at hearing of appeal.
11. Tribunal to determine own procedure in certain matters.
12. Copies of documents admissible.
KENYA COMMUNICATIONS (APPEALS) RULES, 1999
These Rules may be cited as the Kenya Communications (Appeals) Rules, 1999.
In these Rules, unless the context otherwise requires—
“appeal” means an appeal to the Tribunal under any of the provisions of the Act;
“appellant” means a person entering an appeal and the advocate or duly authorised agent of that person;
“Chairman” means the Chairman of the Tribunal appointed under section 102 (1) of the Act;
“Director-General” means the Director-General of the Communications Commission of Kenya appointed under section 6 of the Act;
“Executive Officer” means the Executive Officer of the Tribunal appointed pursuant to rule 3;
“memorandum” means a memorandum of appeal presented under rule 4;
“Permanent Secretary” means the Permanent Secretary of the Ministry for the time being responsible for Communications.
3. Appointment of Executive Officer
(1) The Permanent Secretary shall appoint a person to be the Executive Officer of the Tribunal.
(2) The Executive Officer shall, in matters relating to appeals to the Tribunal and to the procedure therefore, comply with general or special directions lawfully given by the Chairman or the Tribunal.
(3) The appeals shall be filed in the offices of the Appeals Tribunal at Transcom House along Ngong Road, Nairobi.
4. Form and time for lodging an appeal
(1) An appeal shall be entered by presentation of memorandum of appeal, together with five copies thereof, to the Executive Officer within the period specified in the Act, or, where not specified, within thirty days of notification of the decision appealed against to the appellant in writing:
Provided that where the Tribunal is satisfied that, owing to absence from his normal place of residence, sickness or other reasonable cause, the appellant was prevented from presenting a memorandum within that period, and that there has been no unreasonable delay on his part, the Tribunal may extend that period notwithstanding that the period has already expired.
(2) The Executive Officer shall give every appeal filed pursuant to subrule (1) an appeal number and every document subsequently filed in relation to the appeal shall bear the said number.
5. Memorandum of appeal
A memorandum shall be signed by the appellant and shall set out concisely, under distinct heads, numbered consecutively, the grounds of appeal without argument or narrative.
6. Statement of facts of appeal
Each copy of a memorandum shall be accompanied by—
(a) a copy of the decision appealed against; and
(b) a statement, signed by the appellant, setting out precisely all the facts on which the appeal is based and referring specifically to documentary or other evidence which it is proposed to adduce at the hearing of the appeal, and to which shall be annexed a copy of each document or extract from a document upon which the appellant proposes to rely as evidence at the hearing of the appeal.
7. Service of memorandum of appeal
Within four (4) days after the presentation of a memorandum to the Executive Officer a copy thereof and of the statement of facts of the appellant and the documents annexed thereto shall be served by the appellant upon the Director-General.
8. Statement of facts of the Director-General
(1) The Director-General shall, if he does not accept any of the facts of the appellant, within twenty-one (21) days after the service thereof upon him under rule 7, file with the Executive Officer a statement of facts together with five copies thereof and the provisions of rule 6 (b) shall mutatis mutandis apply to the statement of facts.
(2) At the time of filing a statement of facts pursuant to subrule (1), the Director-General shall serve a copy thereof, together with copies of the documents annexed thereto, upon the appellant.
(3) If the Director-General does not desire to file a statement of facts under this rule, he shall forthwith give written notice to that effect to the Executive Officer and to the appellant, and in that case the Director-General shall be deemed at the hearing of the appeal to have accepted the facts set out in the statement of facts of the appellant.
9. Notice and place of hearing
(1) As soon as may be convenient after receipt by him of the memorandum, the Executive officer shall notify the Chairman thereof.
(2) The Chairman shall, after the Director-General has filed a statement of facts or has notified the Executive Officer that he does not intend to do so, fix a time, date and place for a meeting of the Tribunal for the purpose of hearing the appeal, and the Executive Officer shall cause notice thereof to be served on the appellant and the Director-General.
(3) The Executive Officer shall cause to be supplied to each member of the Tribunal a copy of the notice of the hearing and of all documents received by him from the parties to the appeal.
(4) Unless the parties to the appeal otherwise agree, each party shall be entitled to not less than seven days’ notice of the time, date and place fixed for the hearing of the appeal.
10. Procedure at hearing of appeal
At the hearing of an appeal, the following procedure shall be observed—
(a) the Director-General shall be entitled to be present or be represented;
(b) the appellant shall state the grounds of his appeal and may support it by any relevant evidence, but, save with the consent of the Tribunal and upon such terms as it may determine, the appellant may not at the hearing rely on a ground of appeal other than a ground stated in the memorandum and may not adduce evidence of facts or documents unless those facts have been referred to in, and copies of those documents have been annexed to, the statement of facts of the appellant;
(c) at the conclusion of the statement and evidence on behalf of the appellant, the Director-General may make submissions supported by relevant evidence, and paragraph (b) shall mutatis mutandis apply to evidence of facts and documents to be adduced by the Director-General;
(d) the appellant shall be entitled to reply but may not raise a new issue or argument;
(e) the Chairman or a member of the Tribunal may at any stage of the hearing, ask any questions of the appellant or the Director-General or a witness examined at the hearing, which he considers necessary to the determination of the appeal;
(f) a witness called and examined by either party may be cross-examined by the other party to the appeal;
(g) a witness called and examined by the Tribunal may be cross-examined by either party to the appeal;
(h) the Tribunal may adjourn the hearing of the appeal for the production of further evidence or for other good cause, as it considers necessary, on such terms as it may determine;
(i) at the conclusion of the hearing of the appeal the Tribunal may, if necessary, adjourn the proceedings and reserve its decision to be delivered on a day to be notified;
(j) notes of proceedings including submissions and evidence, if any, given by witnesses as far as they are relevant shall be recorded by the Chairman or, where possible, may also be recorded electronically.
11. Tribunal to determine own procedure in certain matters
In matters of procedure not governed by these Rules or the Act, the Tribunal may determine its own procedure.
12. Copies of documents admissible
Save where the Tribunal in any particular case otherwise directs or where a party to the appeal objects, copies of documents shall be admissible in evidence, but the Tribunal may at any time direct that the original shall be produced notwithstanding that a copy has already been admitted in evidence.
The Tribunal may make such order as to costs on an appeal as it may determine.