SPECIAL ISSUE

Kenya Gazette Supplement No. 54

12th April, 2013

(Legislative Supplement No. 23)

LEGAL NOTICE NO. 64
THE COMMISSION ON ADMINISTRATIVE JUSTICE
ACT
(No. 23 of 2011)
IN EXERCISE of the powers conferred by section 56
of the Commission on Administrative Justice Act, 2011, the
Commission on Administrative Justice makes the following
Regulations:
THE COMMISSION ON ADMINISTRATIVE JUSTICE
REGULATIONS, 2013
PART IPRELIMINARY
1. These Regulations may be cited as the Commission
on Administrative Justice Regulations, 2013.
2. In these Regulations, unless the context otherwise
requires
Act means the Commission on Administrative
Justice Act, 2013;
admission means the process by which the
eligibility of a complaint to determination by the
Commission is done;
Chairperson means the Chairperson of the
Commission appointed in accordance with section 11 of the
Act;
Commission
means
the
Commission
on
Administrative Justice established under section 3 of the
Act;
Commissioner means a member of the Commission
appointed under section 11 of the Act;
Complainant means a person or institution alleging
breach of any matter under the mandate of the
Commission;
Complaint means an oral, written or any other

communication made or addressed to the Commission or

taken up by the Commission against a State Office or State
Officer or Public Officer or Public Office;
hearing means a sitting of a hearing panel for the
purpose of enabling it to reach or announce a decision on a
complaint under adjudication;
investigation includes the formal process following
a preliminary inquiry or on the Commissions own motion
of establishing the facts in a matter, by an investigator,
upon a decision of the Commission;
mediation means the process by which the
Commission assists a complainant and the respondent to
reach a fair settlement regarding the complaint and may
include, the process of conciliation or negotiation;
respondent means a person or institution against
whom or who the complaint is made;
State office has the meaning assigned to it under
Article 260 of the Constitution; and
State officer has the meaning assigned to it under
Article 260 of the Constitution.
PART IILODGING AND HANDLING PROCEDURE
OF A COMPLAINT
3. A complaint may be lodged at the offices of the
Commission or at such place or places and in such form as
the Commission may from time to time determine.
4. A complaint may be lodged by the complainant in
person or by a person acting on behalf of the complainant
or by any other person authorized by law to act for the
complainant, provided that the Commission may admit
anonymous complaints.
5. (1) Where the complaint is made orally, or
otherwise, or the complainant cannot read or write, the
complaint may be reduced to writing by a designated
officer of the Commission.
(2) A written complaint shall be in such form as the
Commission may determine and shall include
(a) the name and contact details of the complainant;
(b) the particulars of the respondent;
(c) the substance of the complaint in sufficient detail
to enable the Commission to act.
(3) The complainant may attach or provide any
documents necessary to support the complaint.
(4) Despite the foregoing, a complaint may be made
anonymously, or treated in such a manner as to protect the
identity of, or particulars of, the complainant where
necessary, as may be directed by the Chairperson.
6. In the determination of complaints under these
Regulations, the Commission shall have due regard to the
principles of natural justice and shall not be bound by any
legal or technical rules of evidence applicable to
proceedings before a court of law.
7. The Commission shall not charge any fee in the

lodging and determination of complaints.

8. (1) Any document required or authorized to be
served under these Regulations shall, where practicable, be
served personally on the person by delivering or tendering
the document to that person.
(2) Where it is not possible to effect personal service,
the document may be served in such manner as the
Commission may determine.
(3) Any document requiring service under these
Regulations shall be served by an officer of the
Commission or any other person authorized to do so by the
Commission.
9. (1) A Complaint shall, upon being entered into the
register under regulation 16, be forwarded to the
appropriate Department in the Commission for screening.
(2) The Commission, upon screening the complaint,
may(a) admit the complaint;
(b) where appropriate, advise the complainant in
writing that the matter is not within the mandate of
the Commission; or
(c) advise the complainant that the matter lies for
determination by another body or institution and
refer the same to the said body or institution.
10. Where, in the opinion of the Commission, a
complaint does not merit further consideration, it may
discontinue further proceedings on the complaint, record its
reasons and notify the complainant accordingly.
11. (1) Where a complaint has been discontinued
under regulation 10, the complainant may, in writing,
appeal to the Chairperson against the discontinuation.
(2) Where an appeal is disallowed, the complaint shall
be closed and the appellant notified appropriately.
(3) For purposes of this regulation, a letter under the
hand of the Chairperson notifying the complainant of the
decision of the Commission shall be considered as notice
for the purposes of this regulation.
12. (1) A complainant may, in writing, withdraw a
complaint pending before the Commission at any stage
during its consideration.
(2) Where a complainant unjustifiably fails or neglects
to respond to communication from the Commission within
three months from the date of the last communication, the
Commission may deem the complaint to have lapsed.
(3) Despite the provisions of paragraphs (1) and (2),
the Commission may, in its discretion, proceed to deal with
a complaint in the public interest.
(4) Where a complaint has lapsed, the complainant
may apply to the Chairperson for re-admission of the
complaint and give reasons in support of the application for
re-admission to the satisfaction of the Chairperson.

13. (1) Where two or more complaints are lodged in

which the same or similar allegations are raised against a
respondent or respondents, the Commission may
(a) consolidate the complaints; or
(b) treat one complaint as a test complaint and stay
further action on the other complaints pending
resolution of the test complaint.
(2) The decision on a test complaint shall apply,
mutatis mutandis, to all other complaints with which the
test complaint was consolidated.
14. The Commission may take judicial notice of facts
that are publicly known.
15. Proceedings before the Commission shall be
conducted in the English or Swahili languages.
(2) The Commission shall endeavour to ensure that a
party who cannot speak or understand the language of
proceedings is entitled to the services of an interpreter to be
provided by the Commission.
(3) For purposes of paragraph (2), interpretation shall
include interpretation for braille, sign-language or such
other interpretation as may be deemed necessary.
16. The Commission shall keep a register of
complaints in which all complaints shall, upon receipt, be
entered.
PART IIIADMISSION AND RESOLUTION OF A
COMPLAINT
17. (1) Upon admission of a complaint, the
Commission shall draft a communication in form CAJ 1-1
or CAJ 2-1, as applicable, set out in the First Schedule, to
the respondent.
(2) Upon the expiry of fourteen working days, if there
is no response after receipt, a reminder giving seven days to
comply in form CAJ3-1 set out in the Second Schedule
shall be communicated to the respondent.
(3) If there is still no response under paragraph (2), a
further and final reminder giving seven days to comply in
form CAJ3-1 set out in the Second Schedule, shall be send
to the respondent.
(4) If upon the expiry of twenty-eight days there is still
no response, the Commission shall issue summons or make
such other orders to attend to the respondent in a form to be
determined by the Commission.
18. If a respondent fails to respond to the summonses
or other orders referred to in regulation 17, the Commission
may proceed to
(a) determine the complaint in the absence of the
respondent;
(b) institute legal proceedings against the respondent
under to section 52 (c) of the Act;
(c) cite the respondent as an unresponsive State or
Public Office or Officer or declare such State or

Public Officer to be unfit to serve in the Public

Service;
(d) take appropriate action against the unresponsive
State or Public Office or Officer through
Performance Contracting; or
(e) report the respondent in the Commissions
Statutory Reports.
19. In resolving a complaint, the Commission may
(a) conduct investigations;
(b) requisite and obtain information or documents;
(c) conduct an inquiry;
(d) undertake mediation, negotiation and conciliation;
(e) constitute a hearing panel;
(f) invite or summon any person or persons to attend
to the Commission;
(g) obtain warrants of arrest for breach of any
summons or orders of the Commission; or
(h) obtain orders from court authorizing search or
seizure.
20. After adopting any of the options stated in
regulation 19, the Commission may determine the
complaint and
(a) make a formal determination that the respondent is
in breach of the Constitution, the Act or any other
legislation;
(b) declare the respondent to be a person ineligible to
hold a state or public office;
(c) enter the name of the respondent in the
Commissions Citation Register which shall be
signed and sealed by the Chairperson and which
shall include the nature of the complaint and the
determination made; or
(d) make any other adverse finding against the
respondent.
21. In determining the complaint, the Commission
may
(a) recommend an appropriate remedy;
(b) award
appropriate
compensation
to
the
complainant;
(c) recommend the removal of the respondent from
State or Public office;
(d) issue a formal caution or warning to the
respondent; or
(e) publish the action taken in the Commissions
Statutory Report.
PART IVINVESTIGATIONS
22. (1) Where the complaint has been admitted, or

where the commission has taken up a matter on its own

initiative, the Chairperson may commission an
investigation by an officer of the Commission or any public
office or investigation agency.
(2) The investigator may, subject to the direction and
control of the Commission
(a) issue summonses or requisition information in
form to be determined by the Commission;
(b) administer an Oath or Affirmation;
(c) requisite any document or information from any
person or institution; and
(d) by order of court, enter into any establishment or
premises, conduct inspections or collect
documents.
(3) Upon completion of the investigation, the
investigator shall prepare a report and submit it to the
Chairperson of the Commission.
(4) Upon review of the report, the Commission may
(a) conduct a formal hearing;
(b) undertake a mediation or a conciliation;
(c) refer the complaint to the appropriate public body
for further action; or
(d) determine the complaint appropriately.
(5) The Commission shall keep a record of each
investigation and may publish the findings and
recommendations, pursuant to an investigation, and may
include these in its Statutory Report.
PART VMEDIATION, CONCILIATION AND
NEGOTIATION
23. (1) The Commission may, in writing, advise the
parties to a complaint that the dispute may be best resolved
through mediation and conciliation.
(2) Where both parties to a complaint consent to
mediation and conciliation, the Commission shall, in
consultation with the parties, fix an appropriate date for a
meeting.
(3) The Commission shall issue a mediation notice
which shall include
(a) the names of the parties to the complaint; and
(b) the date, time and venue of the mediation meeting.
(4) Upon the issuance of a mediation notice, but
before the date of the meeting, the Chairperson shall
constitute a mediation panel consisting of at least one
Commissioner and such number of other persons as the
Chairperson may consider necessary.
24. During the mediation or meeting, the panel
appointed under regulation 23(4) may apply such
procedures as it may, in the interests of the parties, deem
appropriate in the circumstances.
25. (1) At the conclusion of the mediation process,
both parties shall sign a mediation and conciliation

agreement bearing the common seal of the Commission and

signed by the designated Commissioner.
(2) A mediation or conciliation agreement signed
under this regulation, shall be deemed to be a determination
of the Commission, and shall be enforceable as such.
(3) Despite provisions of this regulation, the
Commission may make awards for compensation under this
Part.
PART VICOMMISSION HEARINGS
26. (1) The Commission may conduct a hearing on
any complaint or matter under its jurisdiction where it
considers desirable or appropriate to do so.
(2) A hearing panel shall consist of such persons as the
Chairperson may appoint.
(3) Unless the circumstances otherwise require, for
reasons stated, the Commission shall conduct its hearings
in public.
27. (1) Upon determination that a complaint should be
addressed through a hearing, the Commission shall issue a
notice to the concerned parties on the constitution of a
hearing panel and require them to enter appearance.
(2) The notice referred to in paragraph (1) shall be in
the form to be determined by the Commission and shall
include
(a) the names of the parties;
(b) the date, place and time of the hearing;
(c) the penalty for non-compliance;
(d) the duration within which appearance is required;
and
(e) a notice that a party may appear in person or with
an advocate, representative or intermediary.
(3) An appearance before the hearing panel shall be
made within fourteen days from the date of service of the
notice to the parties under paragraph (2).
(4) Where a party has entered appearance under to
paragraph (3), the Commission shall give directions and fix
a hearing date.
(5) For purpose of this regulation, a letter or any other
sufficient indication in writing, by a party, informing the
Commission that the party shall appear on the date and
place of hearing, shall be considered as notice of
appearance by that party.
(6) Upon fixing a hearing date, a hearing notice in
form to be determined by the Commission, shall be served
on all the parties.
28. (1) Where a party to a complaint has been duly
served and fails to appear as required, the hearing panel
may proceed to hear the respondent and make orders in
default of appearance as it may deem fit.
(2) If, on the day fixed for the hearing of a complaint,

the respondent appears in answer to the summons but the

complainant does not appear, or vice-versa, the hearing
panel may, if satisfied that a hearing notice was duly
served, proceed to dispense with the complaint on the basis
of the evidence before it.
(3) Where a complaint is determined under paragraphs
(1) and (2), the party in default may move the Commission
to set aside the decision and reinstate the complaint subject
to satisfying the Commission that there were satisfactory
grounds and reasons for non-attendance at the hearing.
(4) The hearing panel may, upon consideration of the
motion under paragraph (3), set aside the decision and fix a
new date for the hearing of the complaint with notice to
both parties, and upon such terms and conditions as it
deems fit.
29. (1) Despite the provisions of this regulation, a
hearing panel may adopt a suitable procedure for the
purpose of resolving the matter while avoiding unnecessary
legal technicalities and formalities.
(2) The parties shall be heard in such order as the
hearing panel shall determine and shall be entitled to give
evidence, call witnesses, question any witnesses and
address the hearing panel both on the evidence and
generally on the subject matter of the complaint.
(3) The hearing panel may, at any time, put questions
to either party or any witnesses and may, at its discretion,
call such additional evidence or expert testimony as it
considers necessary.
(4) The hearing panel shall enter an appropriate
decision on part or all of the complaint.
(5) The hearing panel may, for sufficient reason, at
any time before or after the beginning of the hearing,
adjourn the proceedings and in every such case the
Commission shall fix a date for further hearing of the
complaint.
(6) In the course of the proceedings, the hearing panel
may make such preservatory or interim orders, as it may
deem fit and just in the circumstances.
(7) Evidence before the hearing panel may be given
orally, or if the hearing panel so orders, by affidavit or
written statement, but the hearing panel may at any stage
require the personal attendance of any witness, deponent or
author of a written statement or document.
(8) At any hearing, the hearing panel may, if it is
satisfied that it is just and reasonable to do so with no
resulting prejudice to the respondent, permit a party to rely
on grounds not stated in his complaint, or as the case may
be, his reply, and adduce any evidence not initially
presented to the Commission.
(9) Evidence before the hearing panel shall be given
on oath or affirmation and for that purpose, the hearing
panel shall administer such oath or affirmation.
(10) The evidence of the parties and that of each
witness shall be recorded by the hearing panel or by any

person authorized to do so by the Commission.

30. An advocate who appears for a party at any stage
shall be deemed to be that partys advocate throughout the
proceedings unless
(a) the party to the complaint files a written revocation
of the advocates authority with the Commission;
(b) the advocate files a written notice of withdrawal
from the matter with the Commission.
31. After concluding the hearing of the matter, the
hearing panel shall render a decision reflecting substantive
justice.
(2) A decision under paragraph (1) shall be in writing
and shall state
(a) the nature of the complaint;
(b) a summary of the relevant facts and evidence
adduced before the panel;
(c) the determination and reasons supporting the
panels decision;
(d) the remedy to which the complaint is entitled; and
(e) the order of the panel necessary to enforce the
remedy.
(3) Where the decision of the hearing panel is not
given immediately after the hearing of the complaint, the
panel shall deliver the decision on notice.
(4) After the decision is rendered, the Commission
may correct typographical errors without prejudice to the
substance of its findings.
32. (1) The orders made in a decision of the hearing
panel shall be extracted, sealed and authenticated as orders
of the Commission and shall be signed by the Chairperson.
(2) Orders of the Commission shall be enforced in
similar manner as Orders of Court.
33. Parties may obtain a copy of the Commissions
decision free of charge.
PART VIIMISCELLANEOUS
34. The Commission may, on its own motion or upon
invitation, seek to join legal proceedings in a court of law
or judicial tribunal as interested party, interveners or
amicus curiae, provided that when the Commission is
requested to do so it may, upon giving written reasons,
decline to be enjoined in such proceedings.
(2) In determining whether to join proceedings as
interested parties, interveners or amicus curiae, the
Commission shall satisfy itself that the issues before the
court
(a) are matters of broad public interest;
(b) are matters raising substantial policy implications;
(c) are matters affecting public administration;
(d) are matters relating to administrative justice;

(e) are matters concerning leadership and integrity; or

(f) are matters of interest to the Commission in light
of its mandate.
35. The Commission may from time to time determine
any other forms for the better carrying out of the provisions
of the Act and these Regulations.
36. Any case not covered by these Regulations shall
be dealt with in accordance with such instructions as the
Commission may issue from time to time.
Made on the 8th April, 2013.
OTIENDE AMOLLO,
Chairperson, the Commission
on Administrative Justice.
* The marginal notes to the Regulations and the forms referred to herein
have been excluded from this
publication but are available in the
original Legal Notice No. 64 of 2013 and also at the Head Office of the
Commission at Nairobi.
**TAKE NOTICE that any person who may have any comments on
these Regulations may forward them to the Commission Secretary,
Commission on Administrative Justice, West End Towers, 2nd Floor,
Waiyaki Way, P. O. Box 20414, Nairobi.