Tibunals Bill, 2023

Legislative progress

Introduced / Published: 1 Sep 2023

○ First Reading
○ Second Reading
○ Committee of the Whole House
○ Third Reading
○ Presidential Assent

Stage dates are back-filled from publication records and Hansard, and refined by editors. Some dates may be approximate or not yet recorded.

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Bill text

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SPECIALISSUE

Kenya GazetteSupplement No.131(NationalAssembly Bills No.45)

REPUBLICOFKENYA

KENYAGAZETTESUPPLEMENT

NATIONALASSEMBLYBILLS,2023

| NAIROBI,11thAugust,2023 | NAIROBI,11thAugust,2023 | |-------------------------------------------------|---------------------------| | CONTENT | CONTENT | | Bill for Introductioninto theNational Assembly- | PAGE | | The Tribunals Bill,2023 | 1331 |

Clauses

PARTI-PRELIMINARY

1-Short title.
2-Interpretation.
3-Objectsandpurposesof theAct.
4-Application of theAct.

PARTII-ESTABLISHMENTAND ADMINISTRATIONOFTRIBUNALS

5-Functions and powers of the Judicial Service Commission.
6-RegistrarofTribunals.
7-Functions of theRegistrar.
8-Functionsof theDeputyRegistrar.
9-Registrar'spower todelegate.
10-Secretariat.
11-Procedurefor establishment ofTribunals.
12-Appointment of Chairpersons and members ofa Tribunal.
13-Qualificationsforappointment of Chairpersons and
members ofaTribunal.
14-Disqualifications.
15-Tenureofmembersof a Tribunal.
16-Vacancy in theofficeof Chairperson ormember of
a Tribunal.
17-General principles.
18-Arrangement ofBusiness.
19-Quorum.
20-Remuneration of Chairperson andmembers.
21-Tribunal may seektechnicaladvice.
22-JurisdictionofTribunals.
23-Powertoreviewowndecision.
24-Enforcementofdecisions.

THETRIBUNALSBILL,2023 ARRANGEMENTOFCLAUSES

25-Awardofcosts.
26-Contempt.
27-Appeals.
28-Periodfordeterminationofmatters.
29-Budget and fundingofTribunals.
30-Annualreport.
31-Bankaccounts.

PARTIII-GENERALPROVISIONS

32-Oath ofoffice.
33-Protection frompersonal liability
34-Conflict ofinterest.
35-Confidentiality.
36-Dutytoco-operate.
37-Common Seal.
38-offences.
39-Regulations.
40-Rules.
41-Act toprevail.
42-Extension of time.

PARTIV-TRANSITIONALPROVISIONS

43-TenureofMembersofTribunals.
44-Pending cases.
45-Transfer ofStaff.
46-Disposal of assets.
47-Existinglaws.
48-Consequential amendments toother Acts.

FIRST SCHEDULE-OATH/AFFIRMATION

OFTHEOFFICES OF CHAIRPERSONAND MEMBERS OF TRIBUNALS

SECONDSCHEDULE-CONSEQUENTIAL AMENDMENTS

THETRIBUNALSBILL,2023

ABillfor

ANACTofParliament togiveeffecttoArticles 1(3)(c),

20(4),47(3),159(1)and169ofthe Constitution regarding Tribunals;toestablish the Office of the Registrar ofTribunals;toprovidefor thefunctions of the Registrar of Tribunals; to rationalize and regulate the administrationand functions of Tribunals;and forconnected purposes

ENACTEDbytheParliamentofKenyaasfollows-

PARTI-PRELIMINARY

1.This Act may be cited as the Tribunals Act,2023. Shorttitle.
2.In this Act,unless the context otherwise requires

"Commission" means the Judicial Service Commission establishedbyArticle17loftheConstitution;

""Chief Registrarmeans the Office of the Chief Registrar of the Judiciary established inArticle16lofthe

Constitution:

"decree"has the meaning assigned to it under the Civil Procedure Act;

"DeputyRegistrar"meansaDeputyRegistrar

deployed toaTribunal bytheJudicialServiceCommission;

the Registrar ofTribunals

"Registrar" means appointedpursuant tosection 6:and

"Tribunal"means a Tribunal established by an Act of Parliament pursuanttoArticle169(1)(d)ofthe Constitution.

3.ThepurposeofthisAct is toprovide alegislative
frameworkto-
(a)rationalize and regulateTribunals;
(b)streamlinethe governanceand operationsof
Tribunals;
(c)provideareasonable standard establishment ofTribunals;
forthe
Interpretation.

Cap21.

Objects and purposes ofthe Act.

(d)setappropriatequalifications for Chairpersons and
members ofTribunals;
(e)ensure expeditious settlement of disputes by
Tribunals;
(f)enhance access to justice;and
(g)improvequalityof servicedeliverybyTribunals.
4.(1) This Act shall apply to Tribunals established
pursuant toArticle169(1)(d)of theConstitution.
(2)For the avoidanceof doubt,thisAct shall not apply toanyTribunal established by the Constitution or an arbitral Tribunal established under the Arbitration Act,
1995.

PARTII-ESTABLISHMENTAND ADMINISTRATIONOFTRIBUNALS

5.(1)In addition to the functions ofthe Commission under Article172of the Constitution,the Commissionshall
(a)developpoliciesfortheregulation ofTribunals;
(b)ensure the enhancement of a fair,efficient and accessible Tribunal system and jurisprudence;
(c)evaluate,rationalize andrecommend toParliament theTribunalsto beestablished,merged or abolished;
(d)regulate and oversee thefunctioning of Tribunals;
(e)set standards and monitor compliance with the standards by theTribunalsin theirfunctioningand servicedelivery;
(f)developa Code of Conduct forTribunals;
(g)ensure Tribunals adhere to the provisionsof the law,regulations,policies,Code of Conduct,rules or guidelines;
(h)provide strategic direction toTribunals;
(i)facilitate training programmes for members and staffofTribunals;

Application of the Act.

No.4of1995.

Functions and powersof the

Judicial Service Commission.

(j)facilitate lawreporting on decisions of Tribunals in consultationwith theNational Council forLaw Reporting;
(k)facilitatepublic education on theroleofTribunals;
and
(l)perform any other function as may be necessary for the proper discharge of its responsibilities
under this Act.
(2)Despite subsection (l),the Commission shall within twoyearsofthecommencementof thisAct-
(a)formulate and adopt guidelines forevaluation and
rationalization ofTribunals;and
(b)undertake the first evaluation and rationalization exercise andrecommend toParliament the Tribunals to be established,merged or abolished.
6.(1) There shall bea Registrar of Tribunalswho shall,pursuant to Article 16l(3)of the Constitution,be appointedbytheCommission.
(2)There shall be such number ofDeputy Registrars for Tribunals as the Commission may deem necessary.
(3)A person shall be qualified for appointment as
Registrar orasa DeputyRegistrar if theperson-
(a)holdsa degreein lawfrom a universityrecognised
inKenya;
(b)has,in the case of the Registrar,at least ten years post qualification experience and,in the case of a Deputy Registrar,has at least five years post qualification experience;and
(c)satisfies the requirements of Chapter Six of the
Constitution.
7.(1) The Registrar shall perform such duties as the Chief Registrar may direct,and in particular shall be
responsible for-
(a)the establishment ofregistries ofTribunals;
(b) the day to day administration andmanagement of the Secretariat;

Registrar of Tribunals.

Functions of the

Registrar.

(c)overseeing
support services for Tribunals including the planning.development and the organization ofstaff;
(d)the monitoringof administration andoffice service;
(e)the planning,preparation and implementation of
the budget ofTribunals:
(f)the preparation of reports and proposalson administrative issuesasmayberequiredfrom time totime;
(g)overseeing theprocurementanddisposal of assets;
(h) the acceptance,transmission,service and custody ofdocumentsinaccordancewith thelaw:
(i)thefacilitation oftheenforcement ofthe decisions
ofTribunals:
(j)the certification of any order,direction or decision
as an order,direction or decision of Tribunals;
(k)causing to be kept records of the proceedings and minutes of the meetings of Tribunals and such other records as Tribunals may direct;
(l)the management of thelibrary of Tribunals;
(m)the facilitation of access to judgments and records ofTribunals;and
(n)undertaking any other duties,in relation to the by the Commission under this Act or any other
regulation and management of Tribunals,assigned written law.
(2)The Registrar and Deputy Registrars shall work underthegeneral directionof theChiefRegistrar andshall have all the powers necessary for the execution of their functions under this Act.
8.(1)A Deputy Registrar shall be responsible to the
Registrar for-
(a)the administration and management of aTribunal;
(b)case management within theTribunal;

Functions of the

Deputy Registrar.

(c)efficientmanagement ofthe day-to-day operations andadministration of human resourcesin the Tribunal;
(d)performing judicial functions as may be assigned
by the ChiefRegistrarpursuantto theprovisions ofany law;
(e)supporting theRegistrar through supervision and coordination of the operationsof the Tribunal's
registry:
accounting for any service in respect of which monies have been allocated and forwhich issues aremadefrom the JudiciaryFund;
(g)planning,preparing,implementing and monitoring the budget and collecting and accounting for
revenue in the Tribunal;and
Registrar.
(2)Inrelation to the proceedings before a Tribunal,a
Deputy Registrarmay consideranddispose ofprocedural oradministrative matters inaccordancewith the Rules or on thedirection oftheRegistrar.
9.Except as provided under this Act or any other
law,the Registrar may in writing delegate toa Deputy Registrar,anyof thepowersorresponsibilitiesvested in the Registrar.
10.(l)There shall be a Tribunals Secretariat which shall beheaded by theRegistrar.
(2)The Secretariat under subsection (1)shall consist of-
(a)such Deputy Registrars as may be determined by
the Commission;
(b)such technical,administrative and support staff as may be appointed by the Commission under this
Act:and
(c)such public officers as may be seconded by the PublicServiceCommissionupon arequest by the
Commission.

Registrar'spower to delegate.

Secretariat.

(3)Theofficersand staffunder subsection(2)shall be appointedupon such terms andconditionsofserviceas the Commission may determine.
11.(1)Where a Ministry,Department or Agency
intends to establish a Tribunal,the responsible Cabinet Secretary shall submit to the Commission,awrittenrequest fortheproposedestablishment of theTribunal.
(2)The request of the responsible CabinetSecretary
shall beaccompanied by-
(a)a detailed statement justifying theproposed
establishment of the Tribunal;and
(b)a feasibility assessment report for the purpose of ascertaining
(i) the strategicviability of establishingthe proposed Tribunal;
(ii) thepracticability of themandate of the proposed Tribunal being conducted by an existingTribunal;and
whetheror notthereisneed to establisha new Tribunal.
(3)The Commission shall consider the request and feasibility assessment report submitted toit under subsection (2)and shall submit its decision,in writing to therelevant CabinetSecretary and to the CabinetSecretary to theNational Treasury,within sixtydays ofreceiptofthe report.
(4)Where theCommissionrecommends theproposed establishment of the Tribunal,the Cabinet Secretary shall submit therequest together with theviewsof theNational Treasury on the financial implicationsofestablishing the Tribunal and thedecision ofthe Commission to the Cabinet for considerationand approval.
(5)Upon approval by the Cabinet under subsection (4),a Tribunal shall be established through an Act of
Parliament.
(6)Nothing under this section shall preclude the Commission fromrecommendingthe appointmentofan ad hocpanelofexpertstoenquireintoand determineadispute

Procedure for establishmentof Tribunals.

arising out ofan emergency and in respect ofwhich no Tribunal has competent jurisdiction.
(7)A panel constituted under subsection (6)shall subject torulesmade under this Acthave thepowersofa
Tribunal.
(8)Notwithstanding the provisionsofany other law, no Tribunalshallbe established withoutthe recommendationofthe Commission.
(9)The Commission may prescribe the manner and procedure for the evaluation under subsection(3).
12.(1)EveryTribunal shall consist of a minimum of threemembers,oneofwhom shall be the Chairperson.
(2)The Commission shallthrough a competitive
process appoint theChairperson and members ofa Tribunal.
(3)Themembers of theTribunal appointed under this section shall elect a Vice-Chairperson from amongst themselves and the Chairperson and the Vice-Chairperson shall notbeof the samegender.
(4)Theprovisions of theJudicial ServiceActrelating toappointment,discipline andremoval of judicial officers
shall applywithnecessarymodifications tomembers ofa Tribunal.
13.(1)A person shall be qualified for appointment as
the Chairpersonof a Tribunal if thatperson-
(a)is a Kenyan citizen;
(b)holdsa degreein law from auniversity recognized inKenya and is an advocateof theHigh Court of
Kenya;
(c)has not less than ten years'post-qualification experience;and
(d)meets the requirements of Chapter Six of the
Constitution.
(2)Aperson shall be qualified for appointment asa memberof aTribunal if thatperson-
(a)isaKenyan citizen;

Appointmentof Chairpersons and members ofa Tribunal.

No.1of2011.

Qualifications for appointment of Chairpersons and members of Tribunal.

(b)holds a degree from a university recognized in Kenya:
(c)hasknowledge and experience ofnot less than five
years in therespective field;and
(d)meets the requirements of Chapter Six of the
Constitution.
14.Aperson shall not bequalifiedfor appointment as a Chairperson oramember ofaTribunal if theperson-
(a)isofunsoundmind;
(b)is an undischarged bankrupt;
(c)is convictedof an offence and is sentenced to a
term ofimprisonmentforaperiodofsixmonthsor more;
(d)is anemployee ofagovernmentagency whose decisions are a subject ofappeal in the respective
Tribunal;or
(e)has been removed from any office for gross violationof the Constitution or any other written
law.
15.(1)A Chairperson or a member of a Tribunal shall hold officefora term offiveyears and shall beeligiblefor re-appointmentforonefurther term offiveyears.
(2)The Commission shall appoint members at different times to ensure continuity in the affairs of the Tribunal.
(3)A Chairperson or a member ofa Tribunal shall serve on full or part time basis as determined by the
Commission.
(4)A Chairperson ormember ofaTribunal servingon a fulltimebasisshallnothold anyotherpublicoffice.
16.(1) The office of the Chairperson ormember of a Tribunal shall becomevacant if theholder-
(a)dies;
(b)resigns from office by notice in writing addressed
to the Commission;
(c)is convicted of an offence and is sentenced to a termofimprisonmentforaperiodofsixmonthsor more;
Disqualifications.

Tenure of members ofa Tribunal.

Vacancy in the office of Chairperson or member ofa Tribunal.

(d)completes their term ofoffice;
(e)in the case of a member,is absent from three consecutive meetings of the Tribunal without the permissionofthe ChairpersonoftheTribunal and inthe caseof the Chairperson,is absentfrom three consecutivemeetings of the Tribunal without the permission of the Chief Registrar:or
(f)is removed from office on any of the following grounds-
(i) gross violation of the Constitution or any otherwrittenlaw:
(ii)
grossmisconductormisbehaviour;
(ii) inability to perform functions of theoffice arisingout ofphysical ormental infirmity;
(iv) incompetenceorneglectof duty;or
(v)bankruptcy.
(2)The Commission shall fill any vacancy under this
section within three months of thevacancy arising.
17.Subject to this Act or any other law,a Tribunal seizedof a matter shall-
(a)conduct itsproceedings with minimum formality;
(b)hear and determine thematterexpeditiously:
(c)not be boundby the rules of evidence and
procedure;
(d)encouragemediation,arbitration and other forms ofalternative disputeresolution:
(e)ensure theinvestigation offact if theTribunal is of the opinion that such investigation is necessary for the ends of justice:and
(f)act according to equity,good conscience and the substantialmerits of thecasewithout undueregard to legal technicalities.
18.(1) The Chairperson shall beresponsible for
(a)ensuring the orderly andexpeditious discharge of themandateof the Tribunal:and

General principles.

Arrangement of

business.

the Tribunal.(2)Notwithstanding theprovisions of subsection (1),the Tribunal shall determine the placeatwhicha panelmay sitwithaviewto securing areasonable opportunity.for parties to appearbeforethe Tribunal withas little inconvenience and expense as ispracticable.
19.(1) The quorum of a Tribunal shall be three
members.
(2)The Chairperson shall preside at all sittings ofa Tribunal at which the Chairperson shall bepresentand in the absence of the Chairperson,theVice-Chairperson shall preside and in the absence of the Vice-Chairperson,the membersshall nominateoneof theirown topreside.
(3)Notwithstanding any other provision of this Act,
the Chairperson of aTribunal or aVice-Chairperson acting alone shall have jurisdiction to deal with interlocutory matters
20.The Chairperson and members ofa Tribunal shall
be paid such salaries,allowances and benefits as the Commission shall,in consultation with the Salaries and Remuneration Commission,determine.
21.(1) A Tribunal may seek technical advice from persons whose specialized knowledge or experience may assist the Tribunal in itsproceedings.
(2)Aperson whose advice is soughtunder subsection
before the Tribunal or any subsequent interest acquired relatingtothematterinquestion.
(3)Any person who gives technicaladvice to the Tribunal in accordance with this section shall bepaid such allowanceasmaybedeterminedbythe Commission.
22.(1) Except as provided by law,every Tribunal shall have jurisdiction to hear and determine any matter provided underthelawestablishing theTribunal.
(2)Thejurisdiction of a Tribunal shall not include the trialofany criminal offence except as provided for under section26ofthisAct.

Quorum.

Remuneration of Chairperson and members.

Tribunalmay seek

technical advice.

Jurisdiction of

Tribunals.

(3)A Tribunal shall have power to grant equitable reliefincludinginjunctions,penalties,damages and specific performance.
(4)A Tribunalmay in appropriate cases hear and
determine a complaint beforeitarisingunder Article47(3) ofthe Constitution,theFair Administrative Action Act or anyotherwrittenlaw.
(5)Despite subsection (1).disputes governed by dispute settlementmechanisms under international instruments towhichKenya isapartymayonlybesettled under such instruments.
23.Any person who is aggrieved by a decision ofa
Tribunal from which no appeal has been preferred,may apply for a review ofthedecision to theTribunalwhich made the decision,and the Tribunal may make such order thereon asit thinksfit.
24.A Tribunal may,on application by a decreeholder,order execution ofthe decree inthemanner provided forinthe Civil ProcedureAct.
25.(1) Wherea Tribunal awards costs in any matter,it shall,on application by the person to whom thecosts are awarded,issue to him a certificate stating the amount of
costs.
(2)Every certificate issued under subsection(1) shall bedeemed tobe a decreeand maybeexecuted as such:

Providedthatanorderforcostsagainstthe Government shall not be enforced save in the manner provided forby the GovernmentProceedingsAct.

26.It shall be an offence for any person to engage in acts or make omissions amounting to contempt of the Tribunal and the Tribunal may punish such person for contempt in accordance with theprovisions ofthisAct.
27.(1)Aperson aggrieved by a decision of aTribunal the case may be,within thirty days from the date of such
may appeal to the High Court or Court ofequal status,as decision.
(2)The Court in subsection (1) shall within one year of the filingof the appeal,dispense with any appeal filed

Act4of2015.

Powertoreview

own decision.

Enforcementof

decisions.

Cap.21.

Award of costs.

Cap40.

Contempt.

Appeals.

under this section and the decision of the Court shall be final.

28.Every Tribunal shall determine any matter filed
before it within six months offilingexcept where an Act establishingaTribunalprovidesashorterperiod.
29.(1)The expenses of Tribunals shall be a charge on
the JudiciaryFund.
(2)Atleast three monthsbefore the commencementof each financialyear,the Registrar shallprepare estimates of allexpenditure required for purposes of this Act for the next financial year,and submit them to the ChiefRegistrar for inclusion in the annual estimates of theJudiciary.
(3)The Chief Registrar shall allocate adequate resourcestofacilitate the effective discharge of the functions of Tribunals.
30.(1) At the end of each financial year,the Chief Registrar shall prepare and submit an annual report on the activities ofTribunalsto the Commission.
(2)The annualreport shall contain
(a)the financial statements of Tribunals;
(b)a description of the activities and outcomes of
functioning of theTribunals;and
any other information that the Commission may
considerrelevant.
(3)The Commission shall ensure that the report
submitted under subsection(1) is consolidatedin thereport that the Commission submits to Parliament under section 38of theJudicial ServiceAct,2011.
31.The Chief Registrar may in accordance with the Public Finance Management Act,open bank accounts on behalf of Tribunals and shall,as the accounting officer,be responsible for the proper management of the finances of Tribunals.

PARTIII-GENERALPROVISIONS

32.A Chairperson ormember ofa Tribunal shall on
appointment,subscribe to the oath contained in the First Schedule.
33.Nothing done by a member of a Tribunal or by
anyperson workingunder theinstructions ofthe

Periodfor determination of

matters.

Budget and fundingof Tribunals.

Annual report.

No.1of2011 Bank accounts.

No.18of2012

Oath of office.

Protection from personal liability.

Commission or a Tribunal,shall if done in good faith for thepurpose ofexecuting thepowers,functions or duties of the Commission or Tribunal under the Constitution,this Act or any other relevant law,render such member or officerpersonallyliableforany action,claim ordemand.
34.(l)The Chairperson or a member of a Tribunal
who hasadirector indirectpersonalinterestinamatter being considered or tobeconsidered by theTribunal shall as soon as reasonably practicable after the relevant facts concerning the matter have come to their knowledge, disclose thenature of such interest.
(2)A disclosure ofinterest madeunder subsection(1) shallberecorded in the minutesof the meeting and the Chairperson ormemberofthe Tribunalshallnot takepart in the consideration or discussion on or vote during any deliberations on thematter.
(3)Amemberofthe Tribunal shallrecuse themselves fromproceedings before the Tribunal in which they have apparent orperceivedconflict ofinterest.
(4)Aperson whofailstomake therequisite disclosure
under thissection commitsan offence.
35.(l)A member or staffofa Tribunal shall not without the consentin writinggiven by,oronbehalfof,the Registrar,publish or disclose to any person otherwisethan inthe courseof theperson's duties the contents ofany document,communication orinformation whichrelates to, and which has come to the person's knowledge in the course of theperson's dutiesunder this Act.
(2)The limitation on disclosure referred tounder subsection (l)shall not be construed to prevent the disclosureofcriminalactivityby amember or staffofa Tribunal.
36.A person responsible for a matter in question before a Tribunal shall co-operatewith the Tribunaland shallinparticular-
(a)respond to any inquiry made by theTribunal;and
(b)provide any other information that the Tribunal may requirein the performance of its functionsunder the Constitution,this Act or any other writtenlaw.

Conflictof

interest.

Confidentiality.

Duty to cooperate.

37.(1)The common seal ofaTribunal shall bekept in
such custody asthe Tribunal shall direct and shall not be usedexcepton theorderof theTribunal.

(2)The common seal of the Tribunal shall,when affixed toa documentand duly authenticated,be judicially and officially noticed and unlessanduntil the contrary is proved,anynecessary order or authorization of the Tribunal under thissection shall bepresumed to havebeen duly given.

38.(1)Aperson who
(a)obstructs,hinders or threatens a member,officer,
employee oragentofaTribunal actingunder this Act;
(b)disregards an order ofaTribunal;
(c)submits false or misleading informationtoa
Tribunal;or
(d)makes a false representation to,or knowingly misleads amember,officer,employee or agent of a Tribunal actingunder this Act,

commits an offence and shall beliable on conviction, toafineofnotlessthantwohundredthousandshillingsor to imprisonmentfor a termofnot lessthan oneyear,or to both such fine and imprisonment.

(2)Any person who commits an offence under this

Actfor which no other penalty isprovided,shall be liable onconviction to afinenotexceedingtwohundredandfifty thousandshillings or toimprisonment for a term not exceeding sixmonths,orboth.

39.(1)The Chief Justicemay makeregulations for the bettercarryinginto effect of theprovisions of thisAct.
(2)The regulations madeunder this Actmay provide
for-
(a)rationalization,clustering or classificationof Tribunals,including categorization of Tribunals in terms of specialization;
(b) decentralization of services of Tribunals,including their sitting anywhere in the country;
(c)terms of and conditions of service of staff of Tribunals;

Common seal.

Offences.

Regulations.

(d)aframeworkforharmonization ofstandard procedures and rules for Tribunals:
(e)enhancement of access to justice and expeditious disposal of disputes includingtheuseof
technology:
(f)alternative dispute resolution mechanisms;
(g)the conduct of investigations;
(h)mechanisms that mandate the courts to refer cases toa Tribunal at initial stages if the Tribunal has jurisdiction toentertaina certainmatter andvice
versa;
i)reportingmodalities madein consultation with the National Council forLaw Reporting and ensuring accessibility of thosereports to thepublic;
appointment andprocedures of adhocpanels of
experts;and
(k)standards of training for members ofTribunals.
(3)Theprovisions of any regulations made under this
Actmay-
(a)apply generally orbelimited in its application;
(b)apply differently according to different kinds and status of Tribunals;
(c)authorizeanymatter orthingtobe done from time
to time;or
(d)do any combination of (a),(b)and (c).
40.(1) The Chief Justice may make rules to govern Rules. theprocedures ofTribunalsgenerally.
(2)Subject to subsection(1).each Tribunal may make rulestogovernitsproceduresin the following areas
(a)filing of cases;
(b)the standards for minimum filing fees and other feespro-ratedin accordancewith thevalue of the subject matter;
(c)principlesgoverninghearings;
(d)parties;

(e)representation;
(f)costs;
(g)appeals;
(h)power to cure irregularities;
(i)correction ofmistakes;
(j)review of Tribunal decisions;
(k)authorizingsomeone to take evidence;
(l)enforcement of decisions and orders;
(m)accessibility ofevidence;and
(n)any other relevant area.
41.Where the provisionsofany Actunder whicha Tribunal is established conflicts with this Act,the provisions of this Actshall prevail.

Act to prevail.

42.(1) A Tribunal may,for sufficient cause shown, extend thetimeprescribedfor doing any actortaking any proceedings before the Tribunal upon such terms and conditions,if any,asmay appearjust andexpedient.
(2) The Commission may,by notice in the Gazette, extend theperiod specifiedinrespectofanymatterunder
thisAct byaperiod notexceeding thirty days.

PARTIV-TRANSITIONALPROVISIONS

43.Everyperson who,immediately before the
commencementofthisActwasa Chairperson oramember ofa Tribunal,shall remain in office for their unexpired term oraperiodofeighteenmonthswhicheverisearlier.
44.The Chief Justice may make Rules on the
procedure to be followed withregard topending cases or proceedings before Tribunals.
45.(1) Subject to subsection (2),the Commission shall within aperiodofeighteen months fromthe commencementof thisAct,employ staff to Tribunals from amongst persons who, immediately before the commencementofthis Actwere publicofficersservingin Tribunals.
(2)Before employing a person to whom subsections
(1)or(3)apply,the Commission may-

Extension of time.

Tenure of members of Tribunals.

Pending cases.

Transfer of staff.

(a)require such person to make an application for employment or appointment to the Commission;
and
(b)using the criteria prescribed by the Commission, determine the suitability of theperson to ensure that the person is fit and proper to serve in the position appliedfor.
(3)Notwithstanding subsection (1),the public officers shall upon the commencement of this Act,be given an option toelectwhether toservein theJudiciaryortobe redeployed to their respective ministries,departments or agencies.
46.The Commission may,where applicable,within a period ofeighteenmonthsfrom thedateofcommencement of thisAct,with respect to existingTribunals-

Disposal of assets.

(a)conduct an assessment of assets and liabilities of Tribunals;
(b)in consultation with the relevant ministries, departments or agencies dispose of the assets not required by the Tribunals in accordance with the lawrelatingtoprocurementand disposal ofpublic assets;and
(c)require all ministries,departments or agencies to liquidate all debtsof theTribunals.
47.Subject to section 4l,any law establishing a alterations, adaptations,qualifications and exceptions
Tribunalin forceonorimmediatelybeforethe commencement of this Act shall be construed with the necessary tobringit into conformitywith thisAct.
48.The Acts specified in the Second Schedule are
amended in themanner specifiedin that Schedule.

Existing laws.

Consequential amendments to other Acts.

FIRSTSCHEDULE (s.32)

OATH/AFFIRMATIONOFOFFICESFOR

CHAIRPERSONSANDMEMBERSOFTRIBUNALS

having been appointed (the Chairperson/Member)to the Tribunal do swear/solemnly affirm that Iwill at all times obey,respect anduphold theConstitution ofKenya and all otherlawsof theRepublic; thatIwill faithfully,fullyandimpartiallyand tothebest ofmyknowledge and ability,discharge the trust,perform the functions and exercise the powers devolvingupon me by virtue of this appointment without fear,

favour,bias,affection,or prejudice.(SO HELPME GOD).

Sworn/Declaredbythesaid

Before me this .dayof

CHIEF JUSTICE.

SECONDSCHEDULE

CONSEQUENTIALAMENDMENTSTOOTHERACTS

1.Section 2 of the Rent Restriction Act is amended by inserting the following new definitionin proper alphabeticalsequence-

"Commission" means the Judicial Service Commissionestablished byArticle171oftheConstitution.

2.The Rent Restriction Act is amended byrepealing section4andreplacingitwiththefollowingnew
subsection-

Amendmentof

section 2of Cap. 296.

Amendmentof Cap.296.

4.(1)There is established a Tribunal to be known as the Rent Tribunal which shall be a subordinate court pursuant to Article 169(1(d)oftheConstitution.
(2)The Tribunal shall consist of the following members appointed by the Commission-
(a)a Chairman who shall be an advocate of the High Courtof Kenya withnot less than tenyears post-qualification experience;and
(b)not less than three other persons who shall bepersons who possessa degreefromauniversityrecognized in Kenya and at least five years experience in arelevantfield.
(3)The Commission shall deploy a Deputy Registrar and such staff as may be necessary for the proper discharge of the
functions of the Tribunal under thisAct.
(4)The Chairman may establish panels oftheTribunalashedeems appropriate.
(5)The quorum of the Tribunal shall be three members provided that the Chairman shallpreside atall sittings of the Tribunal at which the Chairman shall bepresent and in the absence of the Chairman,the DeputyChairman shall preside and in the absence of

(s.48)

the Deputy-Chairman,the members shall
nominateoneoftheirown topreside.
(6)Anymatterconsideredbya Tribunal shall be decided by thevotesof the majority of the persons constituting the Tribunal andvoting,and the person presiding shall have a castingvote.
(7) Notwithstanding any other provision of this Act,the Chairman of a Tribunal actingalone shallhavejurisdiction todeal with allinterlocutory applications whicharenotofsuch anature astoeffecta decision in any matter which is in issue between parties.
(8)The office of the Chairman or
member ofaTribunal shall becomevacantif the holder-
(a)dies;
(b)resigns from office bynotice in writing addressed to the Commission;
(c)is convicted of an offence and is sentenced to a term of imprisonment for aperiod of six monthsormore;
(d)completestheirtermofoffice;
(e)in the case of a member is absent from three consecutivemeetings of the Tribunalwithout thepermission oftheChairmanof theTribunaland in the case of the Chairman is absent fromthree consecutive meetings of the Tribunal without the permissionoftheChief Registrar;or
(f)isremovedfrom officeon anyof thefollowinggrounds-
ofthe Constitutionoranyother
(i) gross violation written law;

gross misconduct
(i) misbehaviour;
(iii)inability toperform functions oftheoffice arisingoutof physical ormental infirmity;
(iv)
incompetence or neglect of duty:or
V
bankruptcy.
3.Section5of theRent Restriction Actis amended in subsection (2)by deleting the words"appoint and employ valuers,inspectors,clerks and other staffand substituting therefor thewords"engage registered valuers and rent inspectors on such terms and conditions as the Tribunal may,with the approval of the Commission, determine"
4.TheRent Restriction Act is amended by repealing
section3landreplacingitwiththefollowingnewsection

Enforcement of

orders.

31.A Tribunalmay,on application by adecree-holder,order execution of the decree in the manner provided for in the
Civil Procedure Act.
5.Section 32of theRent RestrictionAct is amended
by deleting the words"chairman of the"
6.Section 36 of theRent RestrictionAct is amended by deleting subsection 2 and substituting therefor the followingnewsubsections-
(2)Withoutprejudice to thegenerality ofthe powers conferred by subsection (1),the regulations under that subsection may prescribe the fees tobepaid inrespect ofanymatter or thing
tobe done under this Act.
(3)TheTribunal maymake regulations prescribing-
(a)theprocedure of theTribunal;and
(b)the circumstances and manner in which a tenant may,notwithstanding any contractual obligation, elect topayandpayto theTribunalrentduetohis

Amendment of section5of Cap.

296.

Amendment of Cap.296.

Amendment of

section32of Cap. 296.

Amendment of

section36of Cap. 296

landlord,themanner in which rent sopaid may be claimed from the Tribunal by the landlord or,if notso claimed,maybe disposedof bythe Tribunal,and the amountof commission which the Tribunal mayretain out ofrent sopaid to it.

7.Section 2 of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act is amended by inserting the followingnew definitions in proper alphabeticalsequence

"Cabinet Secretary"means the Cabinet Secretary

responsible formattersrelatingtoland;

"Commission" means the Judicial Service Commission establishedunder Article17lofthe Constitution.

8.The Landlord and Tenant (Shops,Hotels and
Catering Establishments) Act is amended by repealing section 1landreplacingitwith thefollowingnew section

Establishmentof

the Tribunal.

11.(1)There isestablished a Tribunal which shall bea subordinate courtpursuant toArticle169(1)(d)oftheConstitution
(2)The Tribunal shall consist of the following members appointed bythe Commission-
(a)achairperson;
(b)not less than twopersons who shall
be persons who possess a degree from auniversity recognized in Kenya and at least five years experienceina relevantfield.
(3)A person shall be qualified for appointment as the Chairperson of the
Tribunal if that person-
(a)holds a degreeinlaw froma University recognized inKenya and is an advocateof theHigh Court of Kenya;and
(b)has not less than ten years'postqualification experience.

Amendmentof section2of Cap 301.

Amendment of Cap301.

(4)The Chairperson and members shall be appointed fora term of five years and shall beeligibleforreappointmentforone further term of fiveyears.
(5)The Chairperson and members shall serve on fulltime orpart time basis as the Commission may determine.
(6)The members shall elect a Vice Chairperson among themselves, provided that the Chairperson and Vice Chairperson shall notbe of thesamegender.
(7)The quorum of theTribunal shall be
three members.
(8)The Chairperson of the Tribunal shallpresideatall sittingsof the Tribunal at which the Chairperson shall be present and in the absence of the Chairperson,the ViceChairperson shall preside and in the absence of the Vice-Chairperson,the members shall nominateoneoftheir own topreside.
(9)The Chairperson and members shall be paid such remuneration and allowances as the Commission may,in consultation withthe Salaries pue Remuneration Commission,determine.
(10) The Commission shall deploy a Deputy Registrar and such staff including valuers and inspectors asmay benecessary
for theproper discharge ofthefunctionsof theTribunal under thisAct.
(11)The expenses of the Tribunal shall bepaid out of theJudiciaryFund.
9.Section 12of the Landlord and Tenant (Shops, Hotelsand CateringEstablishments)isamended-
(a)in sub section (2)bydeleting the words "or entertain any criminalproceedingsforanyoffence whetherunder this Actor otherwise" pue substituting thereforthe words "exceptin contempt proceedings";

Amendment of section12of Cap 301.

(b)by deleting subsection(3)and substituting there the followingnew subsection-
(3)WhereaTribunalhas deployed avaluer,inspector, officer,or other person to inspect or view any premises, anyreportmadeinthatbehalfshallbe communicated to the
landlordor tenant orboth.
10.The Landlord and Tenant (Shops,Hotels and Catering Establishments)is amended by repealing section 14andreplacingitwiththefollowingnewsection-

Enforcement of 14.A Tribunal may,on application by orders. adecree-holder,order execution of the decree in the manner provided for in the Civil Procedure Act.

11.The Landlord and Tenant (Shops,Hotels and Catering Establishments)is amended by repealing section
16andreplacingitwith thefollowingnewsection

Regulations.

16.(1) The Cabinet Secretary may makeregulationsfor thebetter carryingout oftheprovisions ofthisAct.
(2)TheTribunal shallmakeregulations prescribingthefollowing-
(a)the manner in which the Tribunal
shall conduct its business;
(b)the procedure in connexion with anyreference to the Tribunal,or the determination ofanymatter by the
Tribunal;
(c)matters which the Tribunal shall take into account in exercising its powersunder thisAct;
(d)the fees which shall be payable in respectofanymatter orthingtobe
done under this Act;and
(e)the scale and taxation ofcosts and expenses of witnesses in proceedingsbefore the Tribunal.
12.Section 2of the Standards Actisamended by insertingthef following newdefinition inproper alphabetical sequence-

Amendment of Cap301.

Amendment of

Cap301.

Amendmentof section2of Cap. 496.

"Commission" means the Judicial Service Commission establishedunderArticle17lofthe Constitution.

13.TheStandardsActisamended byrepealing
section16Aandreplacingitwith thefollowingnewsection
Standards Tribunal.
16A.(l) There is established a Tribunal tobe known as the StandardsTribunal which shall beasubordinatecourtpursuant toArticle169(1)(d)ofthe Constitution.
(2)The Tribunal shall consist of the following members appointedbythe Commission-
(a)a Chairperson who is an advocate ofthe High Court of Kenya with notless thanten years postqualification experience;
(b)onepersonwho shall bea holderof a degree from auniversity recognised in Kenya and who shall have at least five years'experience in customs and excise;and
(c)three persons who shall be holders ofadegreefromauniversity recognised in Kenya and who shall have at leastfiveyears'experience in standardisation.
(3)The Commission shall deploy a
Deputy Registrar to theTribunal.
(4)The Chairman and members of the Tribunal shall serve for a term of fiveyears andshallbe eligible forreappointmentfor onefurther term offiveyears.
(5)The officeof the Chairman or memberof the Tribunal shallbecome vacant if theholder-
(a)dies;
(b)resigns from office by notice in writing addressed to the Commission;

Amendmentof Cap.496.

(c)is convictedof an offence and is sentenced to a term of imprisonment for a period of six monthsormore;
(d)completestheir termofoffice;
(e)in the case ofamember,is absent from three consecutive meetingsof the Tribunal without thepermission of the Chairperson of the Tribunal and in the case of the Chairperson, is absent from three consecutive meetings of the Tribunal without thepermission oftheChief
Registrar;or
(fis removed from officeon any of thefollowinggrounds-
(i) gross violation of the Constitution any other written law;
(ii) gross misconduct or
misbehaviour;
(iii)inability to perform functions ofthe officearising outof physical or
(iv)
mental infirmity;
V
incompetence or neglectof duty;or
(vi)bankruptcy.
(6)The Commission shall fill any
vacancy under this section within three months of the vacancy arising.
14.The Standards Act is amended by repealing
section16Bandreplacingitwiththefollowingnewsection
16B.The Chairperson and members of the Tribunal shall be paid such salaries,allowances and benefits astheCommission shallin consultation with the Salariesand Remuneration Commission determine.

Amendment of

Cap.496.

15.Section 16H of the Standards Act is amended by deleting the word"Minister"and substituting therefor the words"Chief Justice."
16.Section 20(2)of theStandards Act isamended by deleting paragraph (d).
17.Section 2 of the Seeds and Plant Varieties Actis amended by inserting thefollowing new definition in proper alphabetical sequence-

"Commission" means the Judicial Service Commission established byArticle17loftheConstitution.

18.Section28of theSeeds andPlant Varieties Act is amended
(a)in subsection (l) by inserting the words"which shall be a subordinate court pursuant to Article 169(1)(d)of theConstitution"immediately after the word"Tribunal";
(b)in subsection (2)by deleting the word "Minister" andsubstitutingtherefor thewords"Chief
Justice".
19.Section 29oftheSeedsand PlantVarietiesActis
amended-
(a)by deleting subsection (lA) and substituting
thereforthefollowingnewsubsection-

(1A)Adulycertified copyofany determination ororder of the Tribunal shallbe enforced as a decreeof the court.;

(b)by deleting subsection (lB).
20.The Seeds and Plant Varieties Act is amended by repealing the Sixth Schedule and replacing it with the followingnewSchedule-

SIXTHSCHEDULE(S.28)

1.(1) The Tribunal shall consist of the following
persons appointedby the Commission
(a)a Chairman who shall be an advocate of theHigh Court ofKenya withnot less than tenyears'postqualification experience;

Amendmentof section 16Hof Cap.496.

Amendmentof

section20of Cap. 496.

Amendment of section 2of Cap. 326.

Amendment of section28of Cap. 326.

Amendment of section29of Cap. 326.

Amendment of Cap.326.

(b)twoother persons who have a degree froma specialized knowledge of particular species or
university recognised in Kenya and have years experience in agriculture,horticulture,forestry or groups ofplants.
(2)The Chairman and membersof the Tribunal shall be appointed fora term of fiveyears and shall beeligible
forreappointmentfor onefurther term offiveyears.
(3)The Chairman may at any time resign his office by noticein writingto the Commission.
(4)If the Commission is satisfied that the Chairman is unfit to continue inoffice oris incapable of discharginghis duties,the Commissionmayrevokethe appointmentof the Chairman.
2.The Chairman may establish benches of the
Tribunal as he deems appropriate.
3.The Chairman and members of the Tribunal shall be paid such salaries,allowances and benefits as the Commission shall,in consultation with the Salaries and Remuneration Commission determine.
4.For the purposes of hearing and determining any cause or matter under this Act,the quorum of the Tribunal shall bethreemembers:

Provided that where for any reason the Chairman is absent,theVice-Chairman shall preside and in the absence ofthe Vice-Chairman,the members shall nominate one of theirown topreside.

5.(1) The Tribunal may order any party to the in respect ofthe costs incurred by the second mentioned party,or the taxed amount of those costs,and any costs required tobetaxedfor thatpurposeshall be taxed in the same manner and on the same scale as costsina subordinate court.
(2)The Chief Justice may make rules relating to the procedure and proceedings before the Tribunal and in
particular therulesmaymakeprovision as to the-
(a)circumstances in which the Tribunal need not,or shall not,sit in public;

(b)form ofany decision of the Tribunal;
(c)time within which such proceedings are to be instituted;
(d)evidence,and the form thereof,which may be
required oradmitted;
(e)examinationof theparties and ofwitnesses:
(f)procedure forsecuring the attendance ofwitnesses
and theproduction of documents;and
(g)fees chargeable in respect of thoseproceedings.
21.Section 2 of the Insurance Act is amended by insertingthefollowing new definitionin proper alphabetical sequence

"Commissionmeans theJudicial Service Commission established in accordancewithArticle17lof the

Constitution";

22.TheInsurance Actis amended by repealingsection 169andreplacingitwith thefollowingnewsection-
169.(1)Thereis establisheda pursuanttoArticle169(1)(d)of the
Tribunal which shall be a subordinate court Constitution.
(2)The Tribunal shall consist of the following members appointedbythe Commission-
(a)a Chairman,who shall be an Kenya with not less than ten
advocate of the High Court of years' post-qualification experience;and
(b)not less than two and not more than four members who shall be holdersofadegree froma University recognised in Kenya and havefive years'experience in the relevant field.
(3)The members of the Tribunal appointed under this section shall elect a

Amendment of

section2of Cap 487.

Amendment of

Cap487.

Vice-Chairman from amongst themselves

and the Chairman and the Vice-Chairman shall notbe of the samegender.

(4)For the purposes of hearing and determining any cause ormatter under this Act,the quorum of the Tribunal shall be threemembers:

Provided thatwhere for any reason the Chairman is absent,the Vice-Chairman shall preside and in the absence of the ViceChairman,the members shall nominateoneoftheirown topreside

(5)The members of the Tribunal shallbe paid such allowances as the Commission shall in consultation with the Salaries and Remuneration Commission determine.
(6)The Cabinet Secretary may make rules-
(a)prescribing the manner in which an appeal shall be made to the Tribunal and the fees to bepaid in respect of an appeal;
(b)prescribing the procedure to be adopted by theTribunalin hearing an appeal and therecords
to bekept by the Tribunal;
(c)prescribing the manner in which the Tribunal shall be convened and theplaceswhereand the time
at which sittings shall beheld;
(d)prescribinga scaleof costswhich may be awarded by the Tribunal;
and
(e)generally for the better carrying outoftheprovisionsof thisAct relatingtotheTribunal and appealsthereto.

23.Section 170 of the Insurance Act is amended in subsection(l)by deleting the words "of a Resident Magistrate's Court of the first class
24.Section 171 of theInsurance Actis amended in subsection (2)by deleting the words"may be filed in the court by the person in whosefavour the costshave been awarded and,upon being so filed"
25.Section2 of the State Corporations Act is amended by inserting the following new definition in
proper alphabetical sequence-

"Commission" means the Judicial Service CommissionestablishedbyArticle17loftheConstitution.

26.TheState Corporations Act is amended by repealingsection 22andreplacing itwith the following
newsection-
22.(1)There is established a Tribunal to be known as theStandards Tribunal which shall bea subordinatecourtpursuant toArticle169(1)(d)of the Constitution.
(2)TheTribunal is established for thepurposes ofhearingappeals under this Act.
(3)The Tribunal shall consist of the following
persons appointedby the Commission-
(a)a Chairman whoshall bean advocateof the High Court ofKenyawithnot less than ten years'post-qualification experience;
(b)an advocateof theHigh Court ofnot less
than fiveyears'standing;and
degreefroma
(c)apersonwhohasa university recognised in Kenya and has practised as an accountant foraperiodof not less than fiveyears.
(3)The Commission shall deploy a Deputy Registrar to theTribunal.
(4)Thequorum of theTribunal shall be three members:

Amendment of

section 170of Cap487.

Amendment of section171of Cap487.

Amendment of section2of Cap. 446.

Amendmentof Cap.446.

Provided that where for any reason the

Chairman is absent,the Deputy-Chairman shallpreside and in the absence of theDeputyChairman,the members shall nominate one of their own topreside.

(5)TheChairman and membersofthe
Tribunalshallbeappointedfora termoffiveyears and shallbe eligible for reappointment forone further term offiveyears.
(6)The Commission shall deploy such staff to the Tribunal as may benecessary for the proper discharge of the functions of the Tribunal under thisAct.
(8)The Chairmanandmembers of theTribunal shall bepaid such salaries,allowances and benefits as the Commission shall.in consultation with the Salaries and Remuneration Commission,
determine.
(9)The expenses of the Tribunal shall bea
chargeon theJudiciaryFund.
(10) The members ofthe Tribunal shall not be personallyliable for any actor default ofthe Tribunal done or committed in good faith in the course of exercisingthe powers conferred by this
Act.
27.Section 2 of the Capital Markets Act is amended byinsertingthe following new definition in proper alphabetical sequence-

Service establishedunder Article17lof the

"Commission" means the Judicial Commission Constitution.

28.Section 35A of the Capital Markets Act is
amended-
(a)bydeleting subsection(l)and substituting therefor the following new subsection-
(1)Thereisestablished aTribunal tobeknownas the CapitalMarkets Tribunal which shall be a subordinatecourt pursuant toArticle169(1)(d)of

Amendment of section2ofCap

485A.

Amendmentof section35Aof

Cap485A.

the Constitution and shall consistofthe following
members appointed by the Commission-
(a)a Chairmanwho shall bean advocate of theHigh Court ofKenya of not less than tenyears standing:
(b)one lawyer havingat least five years'experience in thecommercialand corporatesector;
(c)an accountantwho shall havebeen inpracticefor a period ofnot lessfiveyears;and
(d)two persons who are holders of arelevant degree from a University recognized in Kenya and five years'experienceinthefield ofsecurities.
(b)by deleting subsection(2)and substituting therefor the followingnewsubsection-
(2)The Chairman and membersshall beappointed for a term of five years and shall beeligible for reappointmentfor onefurther term offiveyears.
(c)by inserting the following new subsections immediatelyafter subsection(2)-
(2A)Themembers oftheTribunal shallelect a Deputy-Chairman fromamong themselves, provided that theChairmanandDeputy Chairman shall not beof the samegender.
(2B)The Commission shall deploy a Deputy Registrar and such other staff as may benecessary for the performance ofthe functions of the Tribunal under this Act."
(d)in subsection(3)(a) by deleting the word "three" and substituting therefor theword"five";
(e)in subsection (3)(c)by deleting theword "Ministerand substituting therefor the word "Commission";
(f)by deletingsubsection (14)and substituting
thereforthefollowingnew subsection-
(14) The quorumof theTribunal shall be three
members:

Provided thatwhereforanyreason theChairman is absent,the Deputy-Chairman shall preside and

in the absence of the Deputy-Chairman,the members shall nominate one of their own to preside.
(g)bydeleting subsection (20)and substituting
therefor thefollowingnewsubsection-
(20)Every certificate issued under subsection
(19)shallbedeemed tobea decreeoftheTribunal andmaybeexecuted assuch.
(h)by deleting subsection (25)and substituting
therefor thefollowingnew subsection-
(25)Thereshallbepaidto thechairmanand the members ofthe Tribunal,such remuneration and allowances asthe Commission may,in consultation with the Salaries and Remuneration Commission,determine."
(i)in subsection(26)by deleting thewords"general
fund of the Authority"and substituting therefore the words"JudiciaryFund"
29.Section 2 of the Retirement Benefits Act is amended by inserting the following new definition in proper alphabetical sequence

means. theJudicial Service Commissionestablishedunder Article171ofthe

"Commission" Constitution.

30.The Retirement Benefits Act is amended by
repealingsection47andsubstitutingthereforthefollowing newsection-
47.(1)There is established a Tribunal to be known as the Appeals Tribunal which shall bea subordinate court pursuant toArticle169(1)(d)of the Constitution.
(2)The Tribunal shall consist of the following
membersappointed by the Commission-
(a)a Chairmanwhoshall beanadvocateofthe High Court ofKenya with notless than ten years'post-qualification experience;and
(b)fourpersons who areholders ofa degree
from a universityrecognizedin Kenya and

Amendment of section2of Cap.496.

Amendment of Cap.496.

have atleast five years'experience in the relevant field.

(3)Themembers of the Tribunal shall elect a Deputy-Chairman from among themselvesand the Chairman and theDeputy Chairman shall notbe of the same gender.

(4)The Chairman and members shall hold office for a periodof five years and shall be

eligibleforre-appointmentfor onefurther term of fiveyears.

(5)Forthepurposesofhearingand determining any cause or matter under this Act, the quorum of the Tribunal shall be three members:

Provided thatwhereforany reason the Chairman is absent,theDeputy-Chairman shall preside and in the absence of the Deputy-Chairman,the members shallnominate one of their own to preside.

(7)Subject to subsection (5),all matters before the Tribunal shall,in the event of a difference of opinion,be decided by the votes of the majority
of the members thereof.
31.Section 5l of the Retirement Benefits Act is amended in subsection(2)by deleting the words"may be filed in theHigh Court by theperson inwhosefavour the costs have been awarded and upon being so filed."
32.Section 2 of the Co-operatives Societies Act is amended by inserting the following new definition in proper alphabetical sequence-

"Commission" means theJudicial Service Commission established under Article171of the Constitution."

33.The Co-operatives Societies Act is amended by
repealing section 77 and replacing it with the following newsection-
77.(1) There is established a Tribunal to be known as the Co-operative Tribunal which shall consistofthefollowingmembers appointed bythe Commission-

Amendment of section 51of Cap. 496.

Amendment of section2of No. 12 of1997.

Amendment of Cap.496.

(a)a Chairman who shall be an advocate of theHigh CourtofKenya with ten years post qualification experience:
b three persons who areholders ofa law degree froma university recognizedin Kenya and have at least five years experience inco-operative lawor management;and
threepersonswho areholdersofadegree
from a university recognized in Kenya andhave atleast fiveyears'experiencein co-operative management and practice."
(2)TheTribunal shall bea subordinate court pursuant to Article 169(1)(d)of the Constitution.
(3)A Chairperson or a member of a Tribunal shall holdofficefora term offiveyears andshall beeligiblefor re-appointmentforonefurther term offiveyears.
(4)The office of the Chairperson or member of a
Tribunal shall become vacantiftheholder-
(a)dies;
(b)resignsfrom office bynotice in writingaddressed to the Commission;
(c)is convicted of an offence and is sentenced to a termofimprisonmentforaperiodofsixmonthsor
more;
(d)completes their term ofoffice;
(e)in the case of a member,is absent from three consecutive meetings of the Tribunal without the permission ofthe Chairperson oftheTribunal and in thecaseof the Chairperson,is absent from three consecutive meetings of the Tribunal without the
permission of the Chief Registrar;or
(f)isremoved from office on any of the following grounds-
i)
gross violation of the Constitution or any otherwrittenlaw:
grossmisconductormisbehaviour;
(il) inability to perform functions oftheoffice
arising out ofphysical ormental infirmity;

(iv)
incompetence orneglect of duty;or
(v) bankruptcy.
(6)The Commission shall fill any vacancy under this
section within three months of thevacancy arising.
34.Section 80 of the Co-operatives Societies Actis
amended-
(a)by deleting subsection (1) and substituting therefor thefollowingnew subsection-
(1)For thepurposes of hearing and determining any cause ormatter under this Act,the quorum of the Tribunal shall be three members:

Provided thatwherefor any reason the Chairman

is absent,the Deputy-Chairman shall preside and in the absence of the Deputy-Chairman,the members shall nominate oneof their own topreside;

(b)in subsection (3)by deleting the words"Provided thatany point of law arising in any proceedings before the Tribunal shall be reserved to,and pronounced upon,by the person presiding exclusively;
(c)in subsection (4)by inserting the expression "or theDeputy-Chairman"immediately after the word "Chairman".
35.Section 84 of the Co-operatives Societies Actis amended by deleting thewords "Minister shall"and substituting therefor the words "Commission shall in consultationwith the Salaries andRemuneration Commission".
36.The Co-operatives Societies Act is amended by repealing section 85and replacing it with the following new section-
85.(1)The Commission shall deploy a Deputy Registrar to theTribunal.
(2)Apersonshall be qualifiedforappointment as a DeputyRegistrarif theperson-
(a)holds a degree in law from a university recognised inKenya;
(b)has at least five years post qualification experience;and

Amendment of section 80 of Cap. 496.

Amendment of

section 84of Cap. 496.

Amendment of Cap.496.

(c)satisfies the requirements of Chapter Six of the Constitution.
37.The Kenya Information and Communications Act is amended byrepealingsection102andreplacingitwith the followingnew section-
102.(1)There isestablished a Tribunal to be known as the Communications and Multimedia Appeals Tribunal which shall be a subordinate courtpursuanttoArticle169(1)(d)ofthe
Constitution.
(2)The Tribunal shall consist ofnot more than seven members appointed by the Commission,as follows-
(a)a Chairperson who shall bean advocate of the High Court of Kenya with ten years
post qualification experience;
(b)at least four persons who areholdersofa degree from a University recognized in Kenya with five years'experience in media,telecommunications,postal,courier systems, radio communications, information technology,business practice orfinance,and who are not in the employmentofthe Government,theMedia Council or theAuthority.
(3)Themembers shall elect aVice Chairperson from among themselves,provided that the Chairperson and Vice Chairperson shall not be of the same gender.
(4)When appointing the members of the Tribunal,theJudicial Service Commission shall-
(a) ensure that the nominees to the Tribunal reflect the interests of all sections of the
society;
(b) ensure equal opportunities for persons with disabilities and other marginalized groups;and
C ensure that not more than two-thirds of
themembers shall beof thesamegender.

Amendmentof

No.2of1998.

(5)The Chairperson and members of the Tribunalshallholdofficefora termoffiveyears and shallbe eligible for reappointmentfor one further term offiveyears.
(6)The officeof theChairperson ormemberof aTribunal shall becomevacantif theholder-
(a)dies;
(b) resigns from office by notice in writing addressed to the Commission;
(c)isconvictedofanoffence andis sentenced toatermofimprisonmentfora period ofsix months ormore;
(d)
completes their term ofoffice;
(e) in the case of a member,is absent from three consecutivemeetings ofthe Tribunal without the permission of the Chairperson of the Tribunal and in the case of the Chairperson,is absent from threeconsecutive meetingsofthe Tribunal without the permission of the Chief Registrar;or
is removed fromofficeon any of the followinggrounds-
grossviolation of theConstitution or
(i) any otherwrittenlaw;
(ii)
gross misconduct ormisbehaviour;
(ii)inability to perform functions of the office arising out ofphysicalor
mental infirmity;
(iv) incompetence orneglect of duty;or
V
bankruptcy.
(6)The Commission shall fill any vacancy under this section within three months of the
vacancy arising.
38.Section 102C(3)of the KenyaInformation and
Communications Act is amended by deleting subsection (3) andsubstitutingtherefor thefollowingnewsubsection-

Amendmentof

section 102Cof No.2of1998.

(3)For purposes of hearing and determining any cause or matter under this Act or the Media Council Act,the quorum of the Tribunal shall be
three members:

Provided thatwhereforanyreason the Chairperson is absent,the Vice Chairperson shall preside and in theabsence oftheVice Chairperson,the members shall nominate one of their own to preside."

39.Section 102l of the Kenya Information and
Communications Act is amended by deleting the words "Salaries and Remuneration Commission may determine" andsubstituting therefor thewords "Judicial Service Commission shall,in consultation with the Salaries and Remuneration Commission,determine.
40.The Second Schedule to the Kenya Information and CommunicationsActisamended
(a)inparagraph 2bydeleting theword"Minister"and substituting therefor the word "Judicial Service
Commission";
(b)in paragraph3by deleting subparagraph (1)and substituting therefor following new subparagraph-
(1)Theofficeof the Chairperson or amember shall becomevacantif the Chairperson ormember is appointed to theBoardortheCommission.
(c)inparagraph 3(2)by deletingtheword"Minister" and substitutingtherefor theword"Judicial
Service Commission";
(d)by deletingparagraph 4 and substituting therefor thefollowingnewparagraph-
4.The Chairperson or a member of a Tribunal who has a direct or indirectpersonal interestina matterbeing considered ortobeconsidered by the Tribunal shall as soon as reasonably practicable after therelevantfacts concerning thematter have come to their knowledge,disclose the nature of
such interest.
(e)by deleting paragraph 5 and substituting therefor thefollowingnewparagraph-

Amendment of section 102lof No.2of1998.

Amendmentof No.2of1998

5.The Judicial Service Commission shall fill any vacancy under this section within three months of thevacancy arising.
41.Section125 of the Environmental Management and Co-ordinationAct is amended-
(a)bydeleting subsection(l)and substituting therefor the followingnew subsection-
(1)Thereisestablished a Tribunal to beknown as theNational Environment Tribunal which shall consistof thefollowingmembersappointedbythe Judicial Service Commission
(a)a Chairperson,who shall be an advocate of
theHigh CourtofKenyawithnot lessthan tenyearspost-qualification experience;
(b)an advocateof theHigh Court of Kenya;
(c)an advocate of the High Court of Kenya withnot less thanfiveyears'experiencein environmentallaw:and
(d)three persons who have a degree from a universityrecognized inKenya and not less than five years' experience in environmental matters,including but not limited to land,energy,mining,water, forestry,wildlifeand maritime affairs.
(b)in subsection (2)by deleting thewords"issued by the Cabinet Secretary
(c)in subsection(4)(a)by deleting theword"three and substituting therefor the word"five";
(d)in subsection(4)(c)by deletingthe words"Cabinet Secretary"and substituting therefor the word
"Commission";
(e)by deleting subsection(5)and substituting therefor the followingnewsubsection-
(5)Themembers shall elect the Vice Chairperson to the Tribunal from amongst the members.
42.Section 134of the EnvironmentalManagement and Co-ordinationActisamended-

Amendmentof section 125of No. 8of1999.

Amendment of section 134ofNo.

666108

(a)in subsection (l) by deleting the words "Cabinet Secretary"and substitutingtherefor the word
"Commission";
(b)in subsection (2)by deleting the words monies
votedby Parliament for that purpose"and substitutingtherefor thewords"JudiciaryFund"
43.The Environmental Management and Coreplacingitwith thefollowingnew section-

Deputy Registrar. 135.The Commission shall deploy a Deputy Registrar to the Tribunal for the performance of itsfunctions under thisAct.

44.TheEnvironmental Management and Co-ordination Actis amended byrepealingsection 136.
45.Section 2oftheIndustrial Property Actis amended by inserting the following new definition in proper alphabetical sequence-
"Commissionmeans the Judicial Service Commission
established byArticle 17lofthe Constitution.
46.The Industrial PropertyAct is amended by repealing section 113 and replacing it with the following new section-
113.(l) There is established a Tribunal to be
known astheIndustrial Property Tribunal which shall bea subordinatecourt pursuant to Article169(1)(d)of the Constitution."
(2)The Tribunal shall consist of the following
members appointed by theCommission-
(a)a Chairman who shall be an advocate of the High Court of Kenya with not less than ten
years'post-qualification experience;and
(b)twoadvocatesof theHigh CourtofKenyawho shall have atleastfiveyears'postqualification experience;and
(c)two other personswho areholdersof a degree from a university recognized in Kenya and haveat leastfive years' experiencein industrial,scientificand technological fields.

Amendmentof No.8of1999.

Amendment of No.8of1999.

Amendment of section2of No.3of2001.

Amendment of No.3of2001.

(3)The Commission shall deploy a Deputy Registrar and such staff as are necessary for the
performance of the functions of the Tribunal under thisAct.
(4) TheChairman and members of the Tribunal shall hold officefor a term of fiveyears and shall be eligibleforreappointmentfor one further termoffive years.
(5)The officeof theChairmanor memberof the
Tribunal shall becomevacant if theholder-
(a)dies;
(b)resigns from office by notice in writing addressed to the Commission;
(c)is convicted of an offence and is sentenced toa term of imprisonment for a periodof six
months or more;
(d)completestheir term of office;
(e)in the case of a member,is absent from three consecutive meetings of the Tribunal without thepermission of the Chairman of theTribunal and in the case of the Chairman,isabsent from three consecutive meetings of the Tribunal without thepermission of the Chief Registrar; or
(f)isremovedfrom office on any of thefollowing
grounds
grossviolation of the Constitutionor any
otherwritten law;
(ii)gross misconduct or misbehaviour;
(ii)inability toperform functions of the office arising out of physicalor mental infirmity:
(iv)incompetence orneglect of duty;or
V
bankruptcy.
(6)The Commission shall fill any vacancy under this section within three months of the vacancy
arising.

(7)The Chairperson andmembersof theTribunal shall be paid such salaries,allowances and benefits as the Commission shall,in consultation with the
Salariesand Remuneration Commission determine.
47.Section 117 of theIndustrial Property Actis
amended by deleting the words"Cabinet Secretary"and substituting therefor the word"Tribunal"
48.Section 2of theCopyright Act isamended by proper
inserting the following newdefinition in alphabetical sequence-
"Commission" means the Judicial Service Commission establishedunderArticle 171ofthe Constitution.
49.Section48of the Copyright Act is amended
(a)by deleting subsection(l)and substitutingtherefor thefollowingnew subsection-
(1)There isestablished aTribunal tobeknown as the Copyright Tribunal which shall bea subordinate court pursuant to Article169(1)(d)of
the Constitution.
(b)by deleting subsection (2) and substituting
therefor thefollowingnewsubsection-
(2)The Copyright Tribunalshall
consist of thefollowingpersons appointed by the Commission-
(a)a chairperson,who shall be an advocate of theHighCourtof
Kenya of not less than ten years standing:and
(b)not less than two and not more than four memberswho shall beholders ofadegreefromauniversity recognised inKenya and have five years'experience in the relevant field.
50.The Privatization Act is amended by repealing
section44andreplacingitwiththefollowingnewsection

Amendment of section 117 of No. 3of2001.

Amendment of section2of Cap.

130.

Amendment of section48of Cap. 130.

Amendment of

No.2of2005.

44.(l)There is established a Tribunal to be known as the Privatization Appeals Tribunal which shall be a subordinate court pursuant to Article169(1)(d)of the Constitution.
(2)The Tribunal shall consist of the following members appointed by the Judicial Service
Commission-
(a)a Chairman,who shall be an advocate of theHigh CourtofKenya withnotless than ten years'post-qualification experience; and
(b)two personswho are holders ofa degree froma universityrecognizedinKenya and have at least five years'experience and knowledge in matters related to privatization ormanagement.
(3)Aperson isnotqualified tobe appointed as a member of the Tribunal if the person is an employee or member of the Commission or a member of thepublic service.
(4)The Chairman and members of the Tribunal shall be appointedfora term offiveyears and shallbeeligible for reappointment for one further term offiveyears.
(5)The office of the Chairman or member of the Tribunal shall becomevacant if the holder-
(a)dies;
(b)resigns from office by notice in writing
addressed to the Commission;
(c)is convicted ofan offence and is sentenced toa termofimprisonmentforaperiodof sixmonthsormore;
(d) completestheir term ofoffice;
(e)in the case of a member,is absent from three consecutivemeetings of theTribunal without thepermission of the Chairman of the Tribunal and in the case of the Chairman,is absent from three

consecutivemeetings of the Tribunal without thepermissionof the Chief Registrar;or
(f)is removed fromoffice on anyofthe followinggrounds-
grossviolation ofthe Constitution or
any otherwritten law;
gross misconduct misbehaviour,
or
(iii)inability to perform functions of the office arising out of physicalor mental infirmity;
(iv)incompetence orneglectof duty;or
(v)bankruptcy.
(6)The Commission shall fill any vacancy under this section within three months of the vacancy arising.
51.The Privatization Act is amended by repealing section45andreplacingitwiththefollowingnewsection

Deputy Registrar

45.The Commission shall appoint a DeputyRegistrar to theTribunal.
52.The Privatization Act is amended by repealing
section 46andreplacingitwith thefollowingnewsection
46.(l) The Chairperson and members of the Tribunal shall bepaid such salaries,allowances and benefits as the Commission shall,in consultation with the Salaries and Remuneration Commission determine.
(2)The expenses of the Tribunal shall be a
charge on theJudiciary Fund.
53.The Second Schedule to the Privatization Act is amendedinparagraph 3(1)bydeletingtheword "secretary" and substituting therefor the word "Deputy
Registrar".
54.Section 2of theHIVand AIDS Prevention and Control Act is amended by inserting the following new
definition inproper alphabetical sequence-

Amendmentof No.2of2005.

Amendmentof

No.2of2005.

Amendment of the Schedule to No.2of2005.

Amendment of section 2of No. 14of2006.

"Commission" means the Judicial Service CommissionestablishedbyArticle17lof the Constitution.
55.TheHIV and AIDS Prevention and ControlActis amendedbyrepealingsection25andreplacingitwiththe followingnewsection-
25.(1)There is established a Tribunal tobeknown as theHIVand AIDSTribunal which shall be a subordinate courtpursuant toArticle169(1)(d)oftheConstitution.
(2)The Tribunal shall consist of the followingmembers appointedbythe Commission
(a)achairman whoshall bean advocateofthe High Courtofnot less than ten years standing;
(b)two advocates of theHigh Court of
not less than fiveyears standing;
(c)two medical practitioners recognized by the Medical Practitioners and Dentists Board as specialists underthe Medical Practitioners and Dentists Act(Cap. 253:and
(d)two persons whohave a degree from a university recognisedin Kenya and five years'experience in
arelevant field.
(3)Atleasttwoofthepersons
appointed under subsection (2)(a).(b)and (c)shall bewomen.
(4)The members of the Tribunal appointed under this section shall elect a Vice-Chairman from amongst themselves and the Chairman and the Vice-Chairman shall not be of the samegender.
(5)For the purposes of hearing and determining any cause or matter under this Act,the quorum of the Tribunal shall be three members:

Cap.253

Amendmentof No.14of2006.

Provided thatwherefor any reason the Chairman is absent, the Vice-Chairman shall preside and in the absence of the ViceChairman,the members shall nominate one oftheir own topreside.

(6)All mattersbefore theTribunal shall
be decided by thevotesofa majority of the memberspresent.
(7)The Chairperson and members of the Tribunal shall be paid such salaries, allowances and benefits as the Commission shall,in consultation with the Salaries and Remuneration Commission determine.
(8)The office of the Chairpersonor member ofaTribunal shall becomevacantif
the holder-
(a)dies;
(b)resigns from office by notice in the
writing addressed to Commission:
(c)is convicted of an offence and is sentenced to term imprisonmentfor a periodof six
of months ormore;
(d)completestheir term ofoffice;
(e)in the case of a member,is absent from threeconsecutivemeetings of the Tribunal without the permission ofthe Chairperson of theTribunal and in the case of the Chairperson, is absent from three consecutive meetings of the Tribunal without
the permissionoftheChief Registrar;or
(f)is removed from office on any of thefollowinggrounds-
(i)gross violation of Constitution 10 any writtenlaw;
the other

(ii) gross
misconduct
misbehaviour;
ili) inability toperformfunctions of the officearising out ofphysical ormental infirmity;
(iv)
incompetenceor neglectof duty:or
(v)bankruptcy.
(9)The Commission shall fill any vacancy under this section within three months of thevacancy arising.
56.Section 29(2)of the HIV and AIDS Prevention and Control Actisamended-
(a)by deleting the words"may be filed in the High Court by theperson in whose favour the damages or costs have been awarded and,upon being so
filed;
(b)bydeleting thewords"High Court" substitutingtherefor the word"Tribunal."
pue
57.Section35of theBiosafetyAct is amended-
(a)by deleting subsection(l) and substituting therefor
the followingnew subsection-
(1) There is established an Appeals Board which shall consist ofmembersappointed by the Commission asfollows-
(a)a chairperson,who shall be anadvocate of theHigh Court ofKenya ofnot less than ten years standing:and
(b)four persons who are holders of a degree from a UniversityrecognizedinKenya and have at least five years'experience in biological, environmental or social sciences.
(c)by inserting the following new subsection immediatelyafter subsection(l)-
(lA)TheTribunalshall bea subordinate court pursuant toArticle
169(1)(d)oftheConstitution.

Amendment of section29of No. 14of2006.

Amendment of section 35of No. 2of2009.

(d)by deleting subsection(3)and substituting therefor
the followingnewsubsection
(3)The Chairperson and members of the AppealsBoardshallholdofficefora termoffive years and shall be eligible for reappointment for onefurther term of fiveyears.
(e)in subsection (8) by deleting the word "Minister" andsubstituting thereforthewords"Chief Justice".
58.The Sixth Schedule to the Biosafety Act is
amendedbydeletingparagraph3.
59.The CompetitionActis amended byrepealing

Amendmentof the Sixth Schedule to No.2 of2009. Amendment of No.12of2010.

section7landreplacingitwith thefollowingnewsection
71.(1)There is established a Tribunal to be known as the Competition Tribunalwhich shall be asubordinate court pursuant toArticle169(1)(d) ofthe Constitution.
(2) The Competition Tribunal shall consist of thefollowing members appointed bythe
Commission-
(a)a Chairman who shall be an advocate of the High Court of Kenya with not less thanten years' post-qualification
experience;
(b) notless than two and notmore than four memberswho shall be holders ofa degree from a university recognised in Kenya and have five years'experience in the relevantfield.
(3)The members of the Tribunal appointed under this section shall electa Deputy Chairman from amongst themselvesand the Chairman and Deputy Chairman shall notbe of the samegender.
(4) The Chairman and members of the and shall be eligible forre-appointment for one
Tribunal shallhold officefora termoffiveyears further term offiveyears.

(5)The office of the Chairman ormember of the Tribunal shall becomevacantif theholder-
(a)dies;
(b)resigns from office by notice in writing
addressed to the Commission;
(c)is convicted of an offence and is sentenced to a termofimprisonment for a periodof six monthsormore:
(d)completes their termofoffice;
(e)in the case ofa member is absent from three consecutive meetings of the Tribunal without thepermissionof the Chairman of theTribunal and inthecaseof the Chairmanis absentfrom three consecutive meetings of the Tribunal without thepermission of the ChiefRegistrar;
or
(f)isremoved from officeon any of the following grounds-
grossviolationof the Constitution or any
(i) otherwrittenlaw;
(ii)grossmisconduct ormisbehaviour;
(iii)inability toperform functions ofthe office
arisingoutofphysicalormental infirmity:
(iv)incompetence orneglect of duty;or
(v)bankruptcy.
(6)For thepurposesofhearing and determining any cause ormatterunder thisAct,thequorum of the Tribunal shall be threemembers:

Provided thatwhere for anyreason the Chairman is absent,the Deputy Chairman shall preside and in the absence of the Deputy Chairman,the members shall nominate one of their own to preside."

(7)The Chairperson and membersof the Tribunal shall be paid such salaries,allowances and benefits

as the Commission shall,in consultation with the
SalariesandRemuneration Commission determine
(8)The Chief Justice may,in consultation with the Tribunal.make rules-
(a)prescribing the manner in which an appeal shall bemade to theTribunal and the fees to
be paid inrespect of all appeals;
(b)prescribing theprocedure to be adopted by
the Tribunal in hearing an appeal and the records to bekept by the Tribunal;
(c)prescribing the manner in which the Tribunal shall be convened andplaceswhere and the time at which the sittings shall beheld;
(d)generally for the better carrying out of the
provisionsofthis Actrelating to the Tribunal and appeals thereto.
60.ThePolitical PartiesAct is amended byrepealing
section39andreplacingitwith thefollowingnewsection
39.(1)There is established a Tribunal to be known as the Political PartiesDisputes Tribunal which shall be a subordinate court pursuant to
Article169(1)(d)of theConstitution.
(2)TheTribunal shall consist ofthe following members,appointed by the Judicial Service Commission-
(a) a chairperson who shall be an advocate of the High Court of Kenya with not less than ten years' post-qualification experience;
b threeadvocatesoftheHigh Courtoffive years standing;and
threepersons whoholda degreeform a University recognised in Kenya and at least five years' experience in governance, administrative matters, political affairs,economic matters or otherrelevant field.

Amendment of

No.11of2011.

(3)The members of the Tribunal shallelect a vicechairpersonfrom amongstthememberswho areAdvocatesof theHigh Court ofKenya.
(4)The Chairperson and members of the
Tribunal shall serve on part-timebasis.
(5)The Chairman and members ofthe Tribunalshall hold officefor a term offiveyears and shallbeeligibleforre-appointmentfor one further term offiveyears.
(6)Aperson shall not be qualified tobe
appointed as amember of the Tribunal if that person is a memberof the public service or takes an activepart in the activities of a political party.
(7)Apersonshallnot qualify for appointment under this section unless the person has met the
requirement of ChapterSixof theConstitution.
(8)Forthe purposesofhearingand determining any cause ormatter under this Act, the quorum of the Tribunal shall be three members:

Provided that wherefor any reasonthe Chairperson,the members shall nominate one

Chairperson is absent,the Vice-Chairperson shall preside and in the absence of the viceoftheirowntopreside.

61.Section 39A ofthe PoliticalParties Act is amended-
(a)in subsection(l)(a)by deleting the word "seven" and substituting therefor the word"five;
(b)in subsection (l)(b)by deletingthe words "outstanding governance,administrative,social, political,economicandotherrecord"and substituting therefor the words "a degree from a university recognised in Kenya and not less than five years' experience in govermance, administrativematters,politicalaffairs,economic matters or otherrelevantfield"
62.Section 43of thePolitical PartiesAct is amended bydeletingthewords appointthe Secretary" and

Amendmentof section39A of

No.11of2011.

Amendmentof section43of No.11of2011.

substituting Registrar.

thereforthewords"deployaDeputy

63.TheTourism Act isamended by repealing section 87andreplacingitwiththefollowingnewsection
87.(1)There is established a Tribunal to be known as theTourismTribunalwhich shall consist of the following members appointed by the Judicial
Service Commission
(a)a Chairperson who is an advocateof the High CourtofKenya with not less than tenyears post-qualification experience;
(b)anadvocateof theHigh CourtofKenya who hasat least five years'post qualification experience;
(c)three persons who are holdersof a degree from a university recognized inKenya and have at least five years'experience in the tourism orhospitality sector.
(2)The Tribunal in subsection (1) shall be a subordinatecourtpursuant toArticle169(1)(d)ofthe Constitution.
(3)The members of the Tribunal shall be appointed at different times so that the respective expiry dates of their terms of office shall fall at different times.
(4)The appointmentofmembersof the Tribunal under subsection (l) shall be through a competitive process taking into account regional balance and gender parity.
(5)The members of theTribunal appointed under
this section shall elect a Vice-Chairperson from amongst themselves.
64.The TourismAct is amended by repealing section
88andreplacingit with thefollowingnewsection-
88.(1)A member of the Tribunal shall hold officefora termoffiveyearsbutshall beeligible forre-appointment foronefurther termof five
years.

Amendment of No.28of2011.

Amendmentof

No.28of2011.

(2)The office of a memberof the Tribunal
shall becomevacant-
(a)at theexpiry of fiveyears from the date of appointment;
(b) if he accepts any office the holding of which,if he were not a member of the Tribunal,would makehim not eligible for appointment to theofficeofamember of theTribunal;or
(c)ifhe isremoved from membership of the Tribunal by the Judicial Service Commissionfor reasons of physical or mental infirmity,or inability to exercise the functions of his office;
(d)if heresignshis office by writing under his hand addressed to the Chairperson of the
Judicial Service Commission;
(e)under section95(2);or
(f)upon his death.
(3)The Chairperson and members of the Tribunal shall be paid such salaries,allowances andbenefits as the Commission shall,in consultation with the Salariesand Remuneration Commission determine.
65.The Tourism Act is amended by repealing section 89andreplacingitwith thefollowingnewsection-

Deputy Registrar,

89.(1) The Commission shall deploy a Deputy Registrar to theTribunal.
(2)A person shall be qualified for appointment as a Deputy Registrar if the person-
(a)holds a degree in law from a universityrecognised inKenya;
(b)hasatleast fiveyears qualification experience;and
post
(c)satisfies therequirements Chapter Six of theConstitution.
of

(3)The Deputy Registrar shall be responsibleforthe day to dayaffairs ofthe Tribunal and shall be answerable to the Tribunal inperformance of hisfunctions.
(4)TheDeputy Registrar shallperform anyother functions determined bythe
Tribunal.
66.The TourismAct is amendedbyrepealingsection
94andreplacingitwith thefollowingnewsection-
94.For the purposesofhearing and determining any cause or matter under this Act,the quorum of theTribunal shall be threemembers:

Provided thatwherefor anyreason the Chairperson is absent,theVice-Chairperson shallpreside and in the absence of the vice-Chairperson,the members

shall nominate one of their own topreside.

67.Section 2 of the Kenya Citizens and Foreign
Nationals Management Service Act is amended by insertingthefollowingnew definitioninproper alphabetical sequence-

"Commission" means the Judicial Service Commissionestablished byArticle171ofthe Constitution.

68.Section 23 of the Kenya Citizens and Foreign Nationals Management Service Actis amended-
(a)by deleting subsection(1)and substituting therefor
thefollowingnew subsection-
(1)Thereisestablisheda Tribunal toknown as the Kenya Citizenship and Immigration Service Appeals Tribunal which shall be a subordinate court pursuant toArticle169(1)(d)ofthe Constitution.
(c)by deleting subsection(2)and substituting therefor
the followingnew subsection-
(2)TheTribunal shall consist of thefollowing members appointed by the Judicial Service Commission-

Amendmentof No.2of2011.

Amendmentof

section2ofNo. 31of2011.

Amendment of section23of No. 3lof2011.

(a) a Chairperson who is an advocate of the High Court ofKenya with not less than tenyears'post-qualification experience;
(b) twopersonswho areholdersofadegree from a university recognized in Kenya andhave atleastfiveyears'experiencein matters relating to public administration, immigration ordemography.
(d)bydeletingsubsection(3)andsubstituting therefor thefollowingnew subsection-
(3)The Judicial Service Commission shall deploy a Deputy Registrar and such staff as shall be necessary for the Tribunal to performits
functions.
69.The National Construction Authority Act is amended in section 2by inserting the following new definitions inproper alphabetical sequence-
"AppealsBoard" meanstheAppeals Board establishedunder section 27of this Act;
"Commission" means theJudicial Service Commission establishedunder Article 171ofthe Constitution."
70.Section27oftheNational ConstructionAuthority Actisamended
(a)in subsection (l) by inserting the words"which shall be a subordinate court pursuant to Article 169(1)(d)of the Constitution"immediately after the words"theAppeals Board";
(b)by deleting subsection(2)and substituting therefor the followingnew subsection-
(2) The Appeals Board shall consist of the
followingmembers appointed by the Commission
(a)a Chairperson who shall be an advocateof the High Court of Kenya ofnot less than ten years standing;and
(b)two persons who are holders of a degree from a universityrecognized inKenya and

Amendment of section2of No. 4lof2011.

Amendment of section27of No.41of2011.

have at least five years'experience in architecture, quantity surveying, engineering,building surveying orproject management.

71.The National Construction AuthorityAct is amendedbyrepealingsection29andreplacingitwith the followingnewsection-
29.The expenses of the Tribunal shall be a
charge on theJudiciaryFund.
72.Section133AoftheLand Actisamended
(a)in subsection (1)by deleting the words"consist of
three persons appointed by the Cabinet Secretary through a notice in the Gazetteand substituting therefor the expression"be a subordinate court pursuant toArticle169(1)(d)oftheConstitution."
(b)bydeleting subsection(2)and substituting
therefor thefollowingnewsubsection-
(2)The Tribunal shall consist of the following
members appointed by the Judicial Service Commission-
(a)a Chairperson who shall bean advocate of theHigh Court ofKenyawithnotless than ten years'post-qualification experience;
(b)two persons who are holders ofadegree from a universityrecognised inKenya and have atleast five years'experience in the relevant field.
73.Section 133Bof theLandActisamended-
(a)in subsection (l) by deleting the word "four" wherever it appears and substituting therefor the
word"five";
(b)in subsection (2)by deleting the word "three" wherever it appears and substituting therefor the
word"five".
74.Section 133Dof the Land Actis amended by deleting subsection (2).

Amendment of No.41of2011.

Amendment of section133Aof No.6of2012.

Amendment of section133Bof No.6 of2012.

Amendmentof section133Dof No.6of2012.

75.Section 29 of theLegal EducationAct is amended

(a)by deleting subsection(l) and substituting therefor thefollowingnewsubsection-
(1)There isestablished a Tribunal tobeknown as the Legal Education Appeals Tribunal which shall bea subordinate court pursuant to Article 169(1)(d)of theConstitution and shall consist of thefollowingmembersappointed by theJudicial Service Commission-
(a)a Chairperson who shall be an advocate of theHigh CourtofKenya ofnot less than ten years standing;and
(b)four personswho are holders ofalaw degree from a university recognized in Kenya and have at least five years experiencein thefield oflegal education.
(b)byinserting thefollowing new subsection immediatelyafter subsection(3)-
(4).The Judicial Service Commission shall appoint aDeputyRegistrarwho hasthefollowing
qualifications-
(a)holds a degree in law from a university recognised inKenya;
(b)has atleast five years post qualification experience;and
(c)satisfies therequirements of ChapterSixof the Constitution.
76.Section30of theLegal EducationAct is amended
(a)in paragraph (b)by deleting the words"Cabinet Secretary"and substituting therefor the words
"Judicial Service Commission";
(b)in paragraph (e)by deleting the word "Council and substituting therefor theword"Tribunal";
(c)in paragraph(f)by deleting the word"Board"and substituting therefor theword"Tribunal"
77.Section33of theLegal EducationAct is amended
by deleting subsection (4) and substituting therefor the followingnewsection-

Amendment of section29 of No. 27of2012.

Amendment of section 30 of No.

27of2012.

Amendment of

section 33of No. 27 of2012.

(4)For the purposesof hearingand determining any cause or matter under this Act,
the quorum of the Tribunal shall be three members:

Providedthatwhereforany reasonthe Chairperson is absent,themembers shall nominate one of their own topreside.

78.Section37of theLegal EducationAct isamended
in subsection(3)by deleting the words"may be filed in the High Court by thepersoninwhose favour the costs have been awarded and upon filing,the certificate of costs".
79.The Legal EducationAct is amended byrepealing
section40andreplacingitwiththefollowingnewsection
40.(l) There shall be paid to the Chairperson andthe members ofthe Tribunal,such remuneration and allowances as the Judicial Service Commission shall,from time to time, upon the adviceoftheSalaries and Remuneration Commission determine.
80.The Kenya National Examinations Council Act is
amendedbyrepealingsection40Bandreplacingitwith the following newsection-
40B.(1) There is established aTribunal to be known as the National Examinations Appeals Tribunalwhich shall be a subordinatecourt pursuant toArticle169(1)(d)of the Constitution.
(2)The Tribunal shall consist of the following members appointed by the Judicial Service Commission-
(a)a Chairperson,who shall be an advocate of theHigh Courtof Kenya ofnot less than
ten yearsstanding;
(b)four persons who areholders of a degree from a university recognised in Kenya and have atleast five years'experience in education management, marking examinations or otherrelevantfield.

Amendment of section37of No. 27of2012.

Amendment of No.27of2012

Amendment of section40Bof

No.29of2012.

(3)The Judicial Service Commission shall appoint themembers ofthe Tribunal by notice in
the Gazette.
(4)Apersonshall not beeligible for appointment under subsection(2)ifat the time of Council orwasan employeeofthe Council five
appointment the person is an employee of the yearsbeforethedateof appointment.
(5)In makingappointmentsunder subsection (2)theJudicial Service Commissionshall-
(a)ensure that notmore than two-thirds ofthe appointees are of the same gender:and
(b)have regard to the principle of regional balance.
81.Section 40CoftheKenyaNational Examinations Council Act isamended-
(a)in subsection(l)by deleting the word"four"and substituting therefor the word"five";
(b)in subsection (2)by deleting the word "three wherever it appears and substituting therefor the
word"five";
82.Section 40DoftheKenyaNationalExaminations Council Act is amended by deleting the words"Cabinet
Secretary"and substituting therefor the words "Judicial Service Commission".
83.Section 40E of theKenya National Examinations Council Act is amended-
(a)in paragraph (a)by deleting the words"Cabinet Secretary"and substituting therefor the words "Judicial Service Commission";
(b)by deletingparagraph(c) and substituting therefor thefollowingnewparagraph-
(c)fails to attend three consecutive meetings of the Tribunal withoutthepermissionofthe Chairperson of theTribunal and in the case of the Chairperson fails to attend three consecutive meetingsof theTribunalwithout thepermission of the ChiefRegistrar.

Amendment of section40Cof No.29of2012,

Amendment of section40Dof No.29of2012.

Amendment of section40EofNo. 29 of2012.

84.The Kenya National Examinations Council Act is
amendedbyrepealingsection40Iandreplacingitwith the followingnewsection-

Deputy Registrar and 401.(1)The Commission shall deploya staff. DeputyRegistrarandsuch otherstaffofthe Tribunal asmaybenecessary for the performance ofits functions under this Act.

85.Section 40N of theKenyaNational Examinations Council Act is amended by deleting subsection (2)and substituting therefor thefollowingnewsection
(2)A certificate issued under subsection(1),shall be deemedtobeadecreeoftheTribunal andmaybeexecuted
as such.
86.Section2of theNational TransportandSafety Authorityisamendedbyinsertingthefollowingnew definition inproperalphabetical sequence-

"Appeals Boardmeans the Transport Licensing AppealsBoardestablished under section39of thisAct.

87.Section 39of the National Transport and Safety
Authorityisamended-—
(a)in subsection (l)by inserting the expression "which shall be a subordinate court pursuant to Article169(1)(d)oftheConstitution"immediately after the word"Board";
(b)by deleting subsection(2)and substituting therefor thefollowingnew subsection-
(2)The Appeals Board shall consist of the following members appointed by the Judicial Service Commission-
(a)a Chairperson,who shall be an advocate oftheHighCourtofKenya ofnotless than tenyears standing;and
(b)four othermembers who shall beholders ofadegreefromauniversityrecognised inKenyaandhavefive years' experience in therelevantfield.

Amendment of No.29of2012.

Amendment of section40Nof No.29of2012.

Amendment of section2ofNo. 33of2012.

Amendment of

section 39 of No. 33of2012.

(c)byinsertingthefollowing newsubsection immediatelyafter subsection(2)-
(2A) The members of the Appeals Board appointed under this section shall electa ViceChairpersonfrom amongstthemselves;

in subsection(3)by deleting the words"such term and under such conditions as the Cabinet Secretarymaydetermine"and

(d) substituting the following words "five years and shallbeeligibleforre-appointment for onefurther term of five years.";
(e)by deleting subsection(4)and substitutingtherefor thefollowingnew subsection-
(4)For thepurposesof hearing and determining any cause or matter under this Act, the quorum of the AppealsBoard shall be three members:

Provided that where for any reason the Chairperson is absent,the Vice-Chairperson shall presideand in theabsence oftheViceChairperson,the members shall nominate one of their own topreside.

(f)in subsection (8)by deleting the words "Cabinet Secretary"and substituting therefor the words "Chief Justice."
88.Section 2of the Micro and Small Enterprises Act is amended by inserting the following new definitionin proper alphabetical sequence-

"Commission" means the Judicial Service Commissionestablishedunder Article17l ofthe Constitution.

89.Section 11 of theMicro andSmall EnterprisesAct is amended in subsection(2)by deleting the words"points of law".
90.Section54oftheMicro andSmallEnterprisesAct
is amended-

Amendment of section2of No. 55of2012.

Amendment of

section Il of No. 55of2012.

Amendment of section54ofNo.

55of2012.

(a)by deleting subsection (l)and substituting therefor thefollowingnewsubsection-
(1)Thereisestablished a Tribunal to beknown as theMicroandSmall EnterprisesTribunalwhich shall be a subordinatecourt pursuant to Article
169(1)(d)ofthe Constitution.
(b)by deleting subsection(2)and substituting therefor
the following subsection-
(2)The Tribunal shall consist of thefollowing
members appointed by the Commission-
(a)a Chairperson who shall bean advocateof theHigh Court ofKenya ofnot less than
tenyears standing;
(b)twoadvocatesof theHigh Court ofKenya
who have atleastfiveyears' post qualification experience;
(c)two advocatesof theHigh Court of Kenya whohave atleast five yearsexperience in micro and smallenterprisesmatters;and
(d)twopersonswho are holdersof a degree in therelevant field and have atleast five yearsexperience inmicro and small enterprises matters.
(c)by
insertingthefollowingnew subsection immediately after subsection(2)-
(2A).The Commission shall appoint a Deputy Registrarwho
shall have the following qualifications-
(a)holds a degree in law from a university recognised in Kenya;
(b)has at least five years post qualification
experience;and
(c)satisfies therequirements of Chapter Six of
the Constitution.
(d)in subsection(5)(c)by deletingthewords"Cabinet Secretary"and substituting therefor the word
"Commission".

91.Section58of theMicroand Small EnterprisesAct is amended by deleting subsection (l) and substituting therefor thefollowingnewsubsection-
(1)For the purposes ofhearing and determining any
causeormatter under thisAct,thequorum oftheTribunal shallbethreemembers:

Provided thatwherefor anyreason the Chairpersonis absent,the Vice-Chairperson shall preside and in the absence of the Vice- Chairperson,the members shall nominateoneoftheirown topreside.

92.Section 59(1)ofthe Microand Small Enterprises Tribunal."immediately after paragraph(d).
93.The Micro and Small Enterprises Act is amended byrepealingsection65andreplacingitwiththefollowing
newsection-
65.(1)The expenses of the Tribunal for the conduct of its business shall be met from the JudiciaryFund.
(2)Thereshall bepaid to the Chairperson and the members of the Tribunal such remuneration and allowances as the Commission may.in consultation with the Salaries and Remuneration Commission,determinefrom time to time.
94.TheBasicEducation Act is amended byrepealing section93andreplacingitwith thefollowingnewsection
93.(I)There is established an Education Appeals Tribunal which shall be a subordinate court pursuant to Article169(1)(d)oftheConstitution.
(2)The Education Appeals Tribunal shall consist of the followingmembers appointed by theJudicial Service Commission-
(a)a Chairperson who shall be an advocate of the High Court ofKenya of not less than ten years standing:and
(b) six persons who are holders of a degree from a universityrecognizedinKenya and haveatleast five years'experience in therelevant field."

Amendment of

section58of No. 55of2012.

Amendment of section59of No. 55of2012.

Amendment of

No.55of2012.

Amendment of

No.14of2013.

(3)The Commission shall deploya Deputy Registrar and such staffas arenecessary for theperformance of the
functions of theTribunal under thisAct.
(4)Any person aggrieved by the decisions of the
County Education Board may appeal to the Education AppealsTribunal.
(5)The Chief Justice may make Regulations for the better carryinginto effect of theprovisions of thisAct.
95.Section 50 of the Public Benefits Organizations
Actisamended-
(a)by deleting subsection(l)and substituting therefor thefollowingnewsection-
(1)ThereisestablishedaTribunal tobeknown asthe Public Benefit Organizations Disputes Tribunal which shall consist of the following members appointed by the Judicial Service Commission-
(a)a Chairperson who shall be an advocate of
theHigh Court ofKenya withnotless than ten years'post-qualification experience;
(b)two advocatesoftheHigh Court ofnotless
than fiveyears standing;and
(c)two persons who are holders ofa degree from a universityrecognised inKenya and fieldrelevant tothe dischargeof the
have at least five years'experience in a functions of the Tribunal.
(b)byinserting thefollowing newsubsections
immediately aftersubsection(2)-
(2A)The Tribunal shall bea subordinate court
pursuant toArticle169(1)(d)of the Constitution.
(2B) The Chairperson and members shall be appointed for a term of five years and shall be eligibleforreappointmentfor onefurther term of
five years.
(c)by deleting subsection(4)and substituting therefor thefollowingnew subsection-

Amendment of

section50 of No. 18of2013.

(4)Forthepurposesofhearingand determining any cause or matter under this Act, the quorum of the Tribunal shall be three members:

Provided that where for anyreason the Chairperson is absent,the Vice-Chairperson shall presideand in theabsenceof theViceChairperson,the members shall nominate one of their own topreside.

(d)insubsection (5)bydeletingthewords "Authorityand substituting therefor the words
"Judicial Service Commission";
(e)in subsection(6)(a)by deleting the word"three" and substituting therefor the words"five",
(f)in subsection (6)(c)by deleting the words"Chief
Justice"andsubstitutingtherefor thewords "Judicial Service Commission";
96.Section 54 of the PublicBenefits Organizations Actis amended by deleting subsection (2) and substituting thereforthefollowingnew subsection-
(2)Every certificate issued under subsection (1),shall bedeemed to beadecree of theTribunaland may be
executed as such.
97.The Civil Aviation Act is amended by repealing
section 66andreplacingitwiththefollowingnewsection
66.(l) There is established a Tribunal to be knownas theNational CivilAviation Administrative Review Tribunal which shall bea subordinatecourt pursuanttoArticle169(1)(d)of
the Constitution.
(2)The Tribunal shall consist of the following
membersappointed bythe Commission
(a)a Chairperson who shall be an advocate of the High Court of Kenya of not less than ten years standing;and

Amendment of section54of No.

18of2013.

Amendment of No.55of2012.

(b)four persons who are holders of a degree from a university recognized inKenya and have at least five years'experience in the
field ofcivilaviation.
(3)The Commission shall appoint a Deputy Registrarwhohas thefollowingqualifications-
(a)holds a degree in law from a university recognised inKenya;
(b)has at least five years post qualification
experience;and
(c)satisfies the requirements of Chapter Six of the Constitution.
(4)Inappointing the Chairperson andmembers of the Tribunal under this section,the Judicial Service Commission shall take cognizance of the provisions of the Constitutionrelatingregionaland
other diversities of thepeople ofKenya.
(5)The members of the Tribunal shall electa Vice-Chairperson amongst themselves and the chairperson and the Vice-Chairperson shall be persons of the opposite gender.
98.The Civil Aviation Act is amended byrepealing
section67andreplacingitwith thefollowingnewsection
67.(1)A member of the Tribunal shall hold officefora term offiveyearsbut shall beeligible for re-appointment for one further term of five years.
(2)The office of a member of the Tribunal
shall become vacant-
(a)at the expiration of fiveyears from the date ofhis orher appointment;
(b)if heor she accepts any office the holding
ofwhich,if he orher were not a member of the Tribunal,would give rise to the existence ofaconflict ofinterest withhis orhermembership to the Tribunal;

Amendment of No.55of2012.

(c)ifheor sheisremoved from membership ofthe Tribunal by theCommission upon findingsofan inquiry determining his or herfailure todischarge thefunctionsofhis orher office(whetherarisingfrom infirmityofbodyormindor fromany otherlawfulcause)orformisbehaviour;
(d)ifhe or sheresigns theoffice ofmember of the Tribunal;or
(e)upon death.
(3)Members of the Tribunal shall be paid allowances as theCommission shall,in consultation with the Salaries and Remuneration
Commission determine.
99.The Civil Aviation Act is amended by repealing section68.
100.Section 72(4)of the Civil Aviation Act is amended by deleting the words"may be filed in theHigh Court by the person in whose favour thecostshave been awarded and upon beingsofiled"
101.The Civil AviationAct is amendedbyrepealing
section75andreplacingitwith thefollowingnewsection
75.Thequorum of theTribunal shall be three membersprovided thatwhere for anyreason the Chairpersonis absent,theVice-Chairperson shall preside andintheabsenceofthe ViceChairperson,themembers shall nominate one of their own topreside.
102.The Civil Aviation Act is amended by deleting section 78.
103.Section 2 of the Sports Actis amended by deleting the definitionof"sports institutions" and substitutingtherefor thefollowingnewdefinition-

"sports institutions"means the Sports Kenya and the Kenya AcademyofSports established under this Act".

104.Section 6(1)(h)of the Sports Actis amended by deletingtheword"Secretary"and substituting therefore the words"DeputyRegistrar."

Amendment of No.55of2012.

Amendment of section 72 of No.

55of2012.

Amendmentof No.55of2012.

Amendment of No.55of2012.

Amendment of

section2of No. 25of2013.

Amendmentof

section 6 of No. 25of2013.

105.The Sports Act is amended by repealing section 55andreplacingitwiththefollowingnewsection
55.(1)There isestablished a Tribunal to be known as the Sports Disputes Tribunal which shall be a subordinate court pursuant to Article 169(1)(d)oftheConstitution.
(2)TheTribunal shall consist of the following members appointed by the Commission
(a)a Chairpersonwho shall bean advocate of the High Court of Kenya with not less post-qualification
than ten years' experience;and
(b)two advocates of theHigh Court ofKenya experience in legalmatters relating to
whoshallhaveat least fiveyears sports or have been involved in sport in any capacity;and
(c)at least two and not more than six other personswho areholders ofa degree in the relevant field and have at least fiveyears
experience in sports,in any capacity.
(3)Themembersof the Tribunal shall elect a Vice-Chairperson from among themselves, providedthattheChairperson andViceChairperson shall notbe of the samegender.
106.Section 60 of the Sports Act is amended by deleting the words"appoint the Secretary"and substituting therefore the words"deploy a DeputyRegistrar.
107.Section 2of the Tax Appeals Tribunal Act is amendedby-
(a)inserting the following new definition in proper
alphabetical sequence-

Registrar" meansthe Deputy

"Deputy Commission under section 7";

(b)deleting the definition of the word"Secretary

Amendment of

No.25of2013.

Amendment of section 60 of No.

25of2013.

Amendment of section 2of No. 40of2013.

108.Section 3of the Tax Appeals Tribunal Act is
amendedby-
(a)renumbering the existing provision as subsection (1):and
following subsection
(b)inserting the new immediately after subsection(I)
(2)The Tribunal shall be a subordinate court pursuant toArticle169(1)(d)oftheConstitution.
109.The Water Actis amended by repealing section 119andreplacingitwith thefollowingnewsection
(1)There is established a Water Tribunal which shall bea subordinatecourtpursuant toArticle169(1)(d)ofthe
Constitution.
(2)TheWater Tribunal shall consist of thefollowing members appointed bytheJudicial Service Commission-
(a)a Chairperson who shall bean advocate of the High Court ofKenya with not lessthan tenyears post-qualification experience;and
(b)four other persons who possess a degree from a university recognized in Kenya and at least five years'experience in arelevantfield.
(3)The Chairperson and members of the Tribunal shall be appointed fora term offive years and shall be eligible for reappointment for one further term of five years.
(4)The Chairperson and members of the Tribunal shall be paid such remuneration and allowances as the Judicial Service Commission may,in consultation withthe Salaries and Remuneration Commission,determine.
110.TheWater Act is amended byrepealing section 120andreplacingitwiththefollowingnewsection-

DeputyRegistrar and Staff of the Tribunal

120.The Judicial Service Commission shall deploy aDeputy Registrar and such staff as are necessary for the performance of the functions of the Tribunal under this Act.
111.Section 124 of theWater Actis amended by deleting thewords"on an issue oflaw"

Amendmentof

section 3of No. 40of2013.

Amendment of section119ofNo. 43of2016.

Amendment of

No.43of2016.

Amendmentof section 124of No.

43of2016.

112.TheFirst Schedule to the WaterAct is amended

(a)in paragraph 1(1)(f) of the First Schedule by
deleting the words'orTribunal';
(b)in paragraph 1by deleting subparagraph(2)and substituting therefor thefollowing new
subparagraph-
(2)In this Schedule,unless the context otherwiserequires

"board"means a board to which this Schedule applies:

"Chairperson"means the Chairperson ofa boardor Committee;

"membermeansamember of a boardor

committee.

(c)in paragraph 2(1)by deleting thewords'the
Tribunal'
113.Section 27of thePublicProcurementand Asset
Disposal Act is amended in subsection(1) by deleting the words "as an unincorporated Board"and substituting therefor the words "which shall be a subordinate court pursuant toArticle169(1)(d)ofthe Constitution.";
114.Section 28of thePublicProcurementand Asset
Disposal Actis amended
(a)in subsection (2)by deleting the words"Cabinet Secretary"and substituting therefor the words "Chief Justice";
(b)by deleting section(3)and substituting therefor the
following-
(3)The Commission shall deploy aDeputy Registrar and such staff asmay be necessary for the proper discharge of the functions of the
Review Boardunder thisAct.:
115.ThePublicProcurement and Asset Disposal Act isamended byrepealing section29andreplacing it with thefollowingnewsection-
29.(1) TheReview Board shall comprise of
thefollowingmembers who shall be appointed

Amendment of the first schedule to No.43of2016.

Amendment of section 27of No. 33of2015.

Amendment of section 28of No. 33of2015.

Amendmentof

No.33of2015.

by the Judicial Service Commission takinginto accountregional andgender balance-

(a)a Chairperson;
(b)fourteen other members who hold a degree from auniversity recognised in Kenya and not less than five years experience in arelevant field.
(2)For the purposes of performing its functions under subsection 28(1)(a),the quorum oftheReviewBoardshall bethreemembers:

Provided that where for any reason the Chairperson is absent,the Vice-Chairperson shall presideandinthe absence of the ViceChairperson,the members shall nominate one of their own to preside.

116.Section 30of the PublicProcurement and Asset
DisposalActisamended
(a)in subsection(l)(b)by deleting the word"seven" and substituting therefor the word"five";and
(b)in subsection(2)by deleting the words"aperson who qualifies tobeajudge of theHigh Court"and substituting therefor the words"an advocate of the High Court ofKenya withnotless than tenyears post-qualification experience."
117.Section 31 ofthe PublicProcurement and Asset Disposal Act is amended-
(a)in subsection(1)by deleting the word "three"and substituting therefor theword"five";and
(b)in subsection (2)by deleting the words "on a staggered period of six months"and substituting therefor the words"done at different times."
118.Section 32of the Public Procurementand Asset Disposal Act is amended by deleting the words "Cabinet Secretary and"and substitutingtherefor thewords "Commission in consultation with."
119.The PublicProcurement and AssetDisposal Act isamended by inserting the following new section immediatelyaftersection32-

32A.The expenses of the Review Board shall be acharge on the Judiciary

Funds of the Review Board Fund.

Amendment of section 30 of No. 33of2015.

Amendment of No.31of2015.

Amendment of No.32of2015.

Amendment of

No.32of2015.

120.Section 168of thePublicProcurementandAsset
Disposal Act is amended by deleting the word"Secretary and substituting therefor thewords"DeputyRegistrar"
121.Section35of theNairobi International Financial
CentreActis amended-
(a)by deleting subsection(l)and substituting therefor thefollowingnew subsection-
(1)There is established a Tribunal to be known as the FinancialCentre Tribunal which shall be a subordinate court pursuant Article 169(1)(d)oftheConstitution and shall consist of
the followingmembersappointed bythe Commission
(a)a Chairperson who shall be an advocate of the High Court of Kenya ofnot less than ten years standing;and
(b)four other members who are holders ofa degree from a university recognized in Kenya and five years'experience in the
financial services sector.
(b)in subsection (3) by deleting the word "three"
(C)
wherever it appearsand substituting therefor the word"five".
in subsection(5)by deleting paragraph (e)and substitutingthereforthefollowingparagraph-
(e)fails to attend three consecutive meetings of
the Tribunal without the permission of the Chairperson of theTribunal and in the case of theChairpersonfailstoattendthree consecutivemeetings of the Tribunal without thepermission of the Chief Registrar.
122.TheNairobi International Financial CentreAct is amended by deletingsection36.
123.Section 37(1)oftheNairobi International Financial Centre Act is amended by inserting the words"a Deputy Registrar andimmediatelyafter theword 'appoint".
124.Section 2of theEnergy Actisamended by insertingthefollowingnewdefinitioninproper alphabetical sequence-

Amendment of section 168of No. 33of2015.

Amendment of section 35of No. 25of2017.

Amendmentof No.25of2017.

Amendment of section 37of No.

25of2017.

Amendment of section2ofNo.1 of2019.

"Commission" means the Judicial Service Commission established underArticle171ofthe Constitution.

125.Section 25 of theEnergyAct is amended-
(a) byrenumbering the existing provision subsection(1);and

Amendment of section25of No.1 asof2019.

(b) byinserting the following new subsection immediately after the renumbered subsection(1)
(2)TheTribunal shall bea subordinate court
pursuant toArticle169(1)(d)of theConstitution.
126.The EnergyAct is amended by repealing section 25andsubstitutingthereforthefollowingnewsection-
25.(1)The Tribunal shall consist of not more thanseven members asfollows-
(a)a Chairperson who shall bean advocate ofthe High Court ofKenya with ten years'post qualification experience;
(b)six other persons who are holders ofa degree from a University recognized in Kenyawithatleastfiveyears experienceinlaw,petroleum and energy andwho arenotin theemployment of the Agency orAuthority.
(2)The members of the Tribunal shall elect aVice-Chairperson who shall be an advocate of theHighCourtofKenya and have atleast five matters.
(3)In appointing the membersof the Tribunal,the Commission shall -
(a)ensure that the members of the Tribunal reflect the interests of all sections of the
society;
(b)ensure equal opportunities for persons with disabilities and other marginalized communities;and
(c)ensure that no more than two-thirds of themembers shall be of the same gender.

Amendment of

No.1of2019.

(4)The members of the Tribunal shall hold
office for a period of five years,but shall be eligibleforreappointmentforonefurtherterm of fiveyears.
127.The Energy Act is amended byrepealing section
27and substitutingthereforthefollowingnewsection-
27.(1)Theofficeof the Chairpersonor memberofa Tribunal shall becomevacantif the
holder-
(a) dies;
(b)resigns from office by notice in writing addressed to the Commission;
(c)isconvictedof anoffenceandis sentenced toa termofimprisonment for aperiodof sixmonths ormore;
(d)completestheir term of office;
(e)in the case of a member,is absent from threeconsecutivemeetingsofthe Tribunal without the permission of the Chairperson of the Tribunal and in the case of the Chairperson,is absent from threeconsecutivemeetings ofthe Tribunal without the permission of the Chief Registrar;or
(f)isremoved from office on any ofthe
followinggrounds-
(i) gross violation of the Constitution oranyotherwrittenlaw:
(ii) grossmisconduct ormisbehaviour;
(ili) inability toperform functions of the office arising out of physicalor mental infirmity;
(iv)
incompetence orneglect of duty;or
(v)
bankruptcy.
(2)The Commission shall fill any vacancy under this section within three months of the
vacancy arising.

Amendment of No.1of2019.

128.Section30of theEnergyAct is amended
(a)in the marginal note by deleting the word "Secretary" and substituting therefor the word "Deputy Registrar";
(b)by deleting subsection (1)and substituting thereforthefollowingnewsubsection-
(1)The Commission shall deploya Deputy Registrar to the Tribunal;
thereforthefollowingnew subsection-
(2)Aperson shall bequalified for appointment asaDeputy Registrarif theperson
holdsadegreeinlawfrom a university
(a) recognised inKenya;
(b) has at leastfiveyearspostqualification experience:
C
satisfies the requirements of Chapter Six of the Constitution:and
(d) in subsection(3)bydeleting the word
"Tribunal'and substituting therefor the word`Commission'.
129.
section31.
130.Section32of the EnergyAct is amended
(a)by deleting subsection(2);and
(b)by deleting subsection (3)and substituting
therefor thefollowing new subsection-
(3)TheTribunal shall determine theplaceat which apanel may sit with aview to securinga reasonable opportunity for applicants to appear before the Tribunal with aslittle inconvenience and expense as is practicable.

Amendmentof section 30 of No.1 of2019.

Amendmentof No.1of2019.

Amendmentof

section 32of No.1 of2019.

131.Section 33of the EnergyAct is amended
(a)bydeleting subsection (1)and substituting
thereforthefollowingnew subsection-
(1)The Chairperson of a Tribunal shall preside atall sittings ofthe Tribunalatwhich the Chairperson shall bepresentand in the absence of the Chairperson,the Vice-Chairperson shall presideandinthe absenceoftheViceChairperson,themembers shall nominate one of their own topreside.
(b) insubsection (2)by deleting the words "including theChairpersonor the ViceChairperson as the case may be."
132.Section 35of the Energy Act isamended by deletingsubsection (l) and substituting therefor the followingnew subsection-
(1)The Chairperson and members of a and benefits as theCommission shall,in consultation with the Salaries and Remuneration
Tribunal shall be paid such salaries,allowances Commission,determine.
133.Section 39 of the Energy Act is amended by deleting subsection (l) and substituting therefor the followingnew subsection-
(1) The expenses of the Tribunal shall be a chargeon theJudiciaryFund.
134.Section 198 of the Energy Act is amended by deleting subsection 2(o).
135.The Second Schedule to the Energy Act is amended-
in the title by deleting the expression"Energy
(a) andPetroleum Tribunal(S.31);
in paragraph 1of the Second Schedule by
(b) deleting theword"Tribunal";
inparagraph 2 of the Second Schedule by
C) deleting theword"Tribunal,";

Amendmentof section33of No.1 of2019.

Amendment of section35of No.1 of2019.

Amendment of section 39of No.1 of2019.

Amendment of section198of No.lof2019.

Amendment of the Second Schedule

to No.1of2019.

in paragraph 6 of the Second Schedule by
P deleting the word"Tribunal,";
(e)
in paragraph 7of the Second Scheduleby deleting the word"Tribunal"wherever it appears;
in paragraph8of the SecondScheduleby deleting the word"Tribunalwherever it appears; and
(g) in paragraph 9 of the Second Schedule by deleting the word"Tribunal"whereverit appears.
136.Section 2oftheKenyaAccreditationServiceAct is amended by inserting the following new definitionin proper alphabetical sequence-

"Commission" means the Judicial Service Commissionestablishedunder Article 171 ofthe

Constitution.

137.TheKenya AccreditationServiceAct isamended byrepealing section 16 and substituting therefor the followingnewsection
16.(1)There is established a Tribunal to be known as the Accreditation Appeals Tribunal which shall be a subordinate court pursuant to Article169(1)(d)oftheConstitution.
(2)The AccreditationAppeals Tribunal
shall consist offive membersbeing
(a)a Chairperson appointedcompetitively by the Commission;and
(b)four otherpersons whopossess expertise and knowledge in matters relating to accreditation,conformity assessment, standardization orregulatory activities.
(3)A personshallbequalifiedfor appointmentunder subsection (2)(a)if that personhas-
(a)a degree in law from aUniversity recognized in Kenya and is an advocate of theHigh Court ofKenya;and
(b)not less than tenyears'post-qualification experience;

Amendment of section 2of No.

17of2019.

Amendment of No.17of2019.

(4)Themembers under subsection (2)(b)
shallbeappointedcompetitivelybythe Commission from amongstpersonswho
(a)holda university degree inlawor science and technology;and
(b)possess at least five years relevant experience in their areas ofexpertise.
(5)The Tribunal shall hear and determine appeals emanating from the decisions of the
Service.
138.TheKenyaAccreditationServiceActis amended
byrepealingsection17andreplacingitwiththefollowing newsection-
17.An accredited body that isaggrieved by a decision of the Service may,appeal within
twenty-one days ofbeingnotified of the decision.
139.TheKenya AccreditationServiceAct is amended by inserting the followingnew section immediately after section20-
Remuneration of 20A.The Chairperson and members of Chairperson and the Accreditation Appeals Tribunal shall be members of the AceditationAppeaspaidsuchsalaries,allowancesandbenefits Tribunal, as the Commission shall,in consultation withtheSalaries andRemuneration
Commission,determine.
140.TheKenya AccreditationServiceActis amended byrepealingsection27andreplacingitwith thefollowing newsection-

Remuneration of Board and

27.The Service shall pay such remuneration andallowancestothe members of the Board and committees as approvedbythe CabinetSecretaryupon the recommendationoftheSalariesand Remuneration Commission."

membersof the committees.

141.TheKenya AccreditationServiceAct is amended bydeletingparagraph7ofthe ThirdScheduleand substitutingthereforthefollowingnewparagraph-

Amendment of No.17 of2019.

Amendment of No.17of2019.

Amendmentof No.17of2019.

Amendment of the Third Schedule to

No.17 of2019.

7.(1) The quorum of a Tribunal shall be threemembers.
(2)The Chairperson shall preside at all sittings ofa Tribunal at which the Chairperson shall be present andin the absence ofthe Chairperson,the Vice-Chairperson shall preside and in the absence of theVice-Chairperson,the members shall nominate one of their ownto
preside.
142.Section1l of theRefugeesActis amended-
(a) in subsection (l)by inserting the words"which shall bea subordinate courtpursuant to Article 169(1(d)ofthe Constitution."immediatelyafter the words"AppealsCommittee";
(b)by deleting subsection (2)and substituting
thereforthe followingnew subsection-
(2)TheRefugeeStatusAppeals Committee shall consistofthefollowingmembersappointed bytheJudicial Service Commission-
(a)a Chairperson who shall bean advocate ofthe High CourtofKenya withnot less than ten years'post-qualification experience;and
b sixpersonswho areholders ofadegree inthe relevant field and have at least fiveyears' experienceinrefugee matters.,
(c)by deleting subsection (3)and substituting
therefor thefollowingnewsubsection-
(3)For the purposes of hearing and determining any cause or matter under this Act, thequorum of the Appeals Committee shall be threemembers:

Provided that where for any reason the Chairperson is absent,the vice-Chairperson shall preside and inthe absenceof the viceChairperson,the members shall nominate oneof theirown topreside.

(d) in subsection(5)by deleting theword"three"and substituting therefor theword"five";

Amendment of section ll of No. 10of2021.

(e)in subsection(7)by deleting the words"Public Service Commission"and substituting therefor thewords"Judicial Service Commission"
143.Section 75of thePublicPrivatePartnerships Act is amended-
(a)byinserting the followingnewsubsection immediately after subsection(1)-
(1A)The Petition Committee shall bea subordinatecourtpursuant toArticle169(1)(d)of
the Constitution.
bydeleting subsection (2)and substituting
(b) therefor thefollowingnew subsection-
(2)ThePetition Committee shall consistof the following membersappointedbythe
Commission-
(a)a Chairperson who shall bean advocate of the High Court ofKenya ofnot less
than ten years standing;
b six personswho are holdersofa law degree and have at least fiveyears relevantknowledgeandexperience;
(c) in subsection (3)by deleting the word"three and substitutingtherefor theword"five";
(P) in subsection (9) by deleting the words"Cabinet Secretary"and substitutingtherefor the word
"Commission".
144.The PublicPrivate Partnerships Act is amended byrepealingsection76andreplacingit with thefollowing
new section

Deputy Registrar.

76.The Commission shall appoint a
Deputy Registrar who has the following qualifications
(a)holds a degreein lawfrom a universityrecognised inKenya;
(b)hasatleastfiveyears post qualification experience;and
(c)hasatleastfiveyears qualification experience;and
post

Amendmentof section 75of No. 14of2021.

Amendmentof

No.14of2021.

(d)satisfies the requirements Chapter Six of the Constitution.
of
145.The Public Private Partnerships Act is amended in section77-
(a)by inserting the word "Petition"immediately after thewords"members ofthe";
by deleting the words"Cabinet Secretary"and
(b) substitutingtherefor theword"Commission"
146.The PublicPrivate Partnerships Act is amended
byrepealingsection78andreplacingitwiththefollowing new section-

Conflict of interest.

78.AmemberofthePetition Committeewho has a direct or indirect interestin amatter beforethe Petition Committee shall declare the interest and shall not participate in any proceedings of thePetition Committeeon thematter.
147.Section 79of thePublicPrivatePartnerships Act is amended by deleting subsection (1) and substituting
therefor thefollowingnewsubsection-
(1)Aperson shallnot-
(a) without reasonable cause or lawful excuse, obstruct or hinder,assault or threaten a member ofthePetition CommitteeactingunderthisAct;
(b) without justification,fail to provide information required by the Petition committee under this
Act;
without justification,fail toprovideinformation within reasonable time that is required by the Petition committee under this Act;
(d) submit falseor misleading information to the committee;misrepresent toorknowinglymislead amember ofthePetition Committeeactingunder
this Act;or
(e) interfere with or exert undue influence on any memberof thePetition Committee.

Amendment section 77 of No. 14of2021.

Amendmentof No.14of2021.

Amendmentof section 79 of No.

14of2021.

MEMORANDUMOFOBJECTSANDREASONS

Statementofobjectsand reasons

The principal object of this Bill is to give effect to Articles 1(3)(c), 20(4),47(3),159(1)and169oftheConstitutionin relationtothe governance and administrative frameworkof TribunalsinKenya.Pursuant to this objective,theBill proposes toreform the Tribunal system inKenya by inter alia,rationalizing and regulating theadministration and functions ofTribunals,establishing the Tribunals Registry and providing for the structure.membership and administration of Tribunals.

Part Iof theBill contains thepreliminarymatters.

PartIIof theBillprovidesfor theestablishmentand administration ofTribunals.Clause 5of theBillprovides for additional functions ofthe Judicial ServiceCommission.Clause 6providesfor theestablishmentof the Office of the Registrar of Tribunals whilst clause 7 sets out the functions of the Registrar to include the transmission and custody of documentsinrelation to Tribunals,the implementationofdecisions of the Tribunals and causing to bekeptrecords of theproceedings and minutes of the meetings of theTribunals and such other records as the Judicial Service Commission may direct.This Part further seeks to create jurisprudence on the decisions of the Tribunals by requiring the Commission to have the decisionsof Tribunalsreported by the National Council for Law Reporting.In addition,clause 11 provides for the procedure tobefollowed bytheExecutive,theJudiciaryandParliament in establishingTribunals.The procedures seek to include all arms of governmentin theestablishment ofTribunalsinview of thespecialized nature ofTribunals and also to ensure transparency in the process.Clauses 12and13providefor the procedure for the appointment of the chairpersons and membersofTribunals and therequiredqualificationsfor appointment.Clause23and 24sets out thepower ofaTribunal toreview itsowndecision and empowersTribunalstoenforcetheirdecisionssimilar to other courts.Clause31 empowers the Chief Registrar to open bank accounts onbehalf of Tribunals.

Part IlI of the Bill deals with the general provisions.Clause 32 requires themembersof Tribunalson appointment tosubscribe to the oath ofoffice.Clause 34requires members of Tribunals to disclose any conflict ofinterestwithregards to any matterunder consideration.Clause 39empowers theChief Justice to develop Regulationsfor theeffective discharge of themandate ofTribunals.

PartIV of theBill dealswith thetransitionalprovisions.

TheFirst Schedulesets outtheoathor affirmation for the officesof Chairperson andmembers of theTribunals.

The Second Schedule provides for consequential amendments to severalActsofParliament.

Statement on the delegation of legislativepowers and limitation of fundamentalrights and freedoms

Clauses39and40oftheBilldelegatelegislativepowerstotheChief Justicefor thepurposesset out in therespective clauses.The Bill doesnot limit fundamentalrights andfreedoms.

Statementon whether the Bill concerns county governments

This Bill doesnot concern county governmentsin terms of Article 110(l)(a)of the Constitution asit doesnot affectthe functions andpowers of county governments as set out in the Fourth Schedule to the Constitution.

Statement as to whether the Bill is a money Bill within the meaning of

Article114ofthe Constitution

The enactmentof thisBill shall not occasion additional expenditure ofpublicfunds.

Dated the 26thJuly,2023.

KIMANIICHUNG'WA, Leaderof theMajorityParty.

Machine-extracted text (Docling (OCR + layout), extracted 3 Jul 2026) from a scanned document — may contain recognition errors.

Source: parliament.go.ke (parliament.go.ke active listing). Last updated 3 Jul 2026.