Medical Practitioners and Dentists (Inquiry and Disciplinary Proceedings) (Procedure) Rules

These Rules may be cited as the Medical Practitioners and Dentists (Inquiry and Disciplinary Proceedings) (Procedure) Rules.

AI-assisted research synopsis — verify against the official legal text below.

Jurisdiction: Kenya
Instrument: Notice
Citation: Legal Notice 171 of 2022
Version: Undated source snapshot
Language: en

Source attribution: Source: Kenya Law

Statute overview

About this statute

These Rules may be cited as the Medical Practitioners and Dentists (Inquiry and Disciplinary Proceedings) (Procedure) Rules. Defines key terms used by the Rules: "complainant", "inquiry", "notice of inquiry", "small claim matter", and "unprofessional conduct". Section 3 establishes the Disciplinary and Ethics Committee. The Disciplinary and Ethics Committee must and may exercise a range of functions, including having necessary powers under section 4A(b) of the Act and conducting inquiries, ensuring administrative arrangements, developing a code of conduct, constituting sub-committees, administering oaths, summoning witnesses and ordering production of documents. The Council must, within seven days of receiving a complaint, serve that complaint on the medical practitioner or dentist by post or any other means approved by the Council.

Read the provisions Ask with citations

Search within this statute

Search all stored provisions in this version.

Legal text

Provisions of Medical Practitioners and Dentists (Inquiry and Disciplinary Proceedings) (Procedure) Rules

Showing 40 of 40

Part I

PRELIMINARY

1
PRELIMINARY - 1. Citation

AI-assisted research summary: These Rules may be cited as the Medical Practitioners and Dentists (Inquiry and Disciplinary Proceedings) (Procedure) Rules.

Section 1. Citation Section These Rules may be cited as the Medical Practitioners and Dentists (Inquiry and Disciplinary Proceedings) (Procedure) Rules.
2
PRELIMINARY - 2. Interpretation

AI-assisted research summary: Defines key terms used by the Rules: "complainant", "inquiry", "notice of inquiry", "small claim matter", and "unprofessional conduct".

Section 2. Interpretation Section In these Rules, unless the context otherwise requires— "complainant" means a body or person that makes a complaint of professional misconduct, malpractice or any breach of standards to the Council; "inquiry" means a disciplinary inquiry held by the Council to determine the complaint made under subsection 20(2) of the Act; "notice of inquiry" means a written and signed notice from the Council which is sent to medical practitioner or dentist against whom a complaint has been made specifying matters upon which the inquiry is to be held, and stating the date; "small claim matter" means a complaint of alleged professional misconduct that does not involve clinical management; "unprofessional conduct" means conduct that falls short of what is reasonably expected of a professional in the course of their practice.

Part II

DISCIPLINARY AND ETHICS COMMITTEE

3
DISCIPLINARY AND ETHICS COMMITTEE - 3. The Disciplinary and Ethics Committee

AI-assisted research summary: Section 3 establishes the Disciplinary and Ethics Committee.

Section 3. The Disciplinary and Ethics Committee Section 3(1)(a) three members of the Council, one of whom shall be the chairperson; Section 3(1)(b) two other persons whose knowledge and skills are necessary for the proper determination of any matter before it co-opted to the Committee by the Council. Section 3(2) The chairperson of the Committee shall preside over all meetings of the Committee and in the absence of the chairperson, the members of the Council present at the meeting shall elect one of their number to chair the meeting. Section 3(3) A person co-opted under paragraph (1)(b) shall attend the meetings of the Committee and participate in its deliberations. Section 3(4) The decisions of the Committee shall be by consensus. Section 3(5) The Committee shall present its reports to the Council for approval and ratification.
4
DISCIPLINARY AND ETHICS COMMITTEE - 4. Functions of the Disciplinary and Ethics Committee

AI-assisted research summary: The Disciplinary and Ethics Committee must and may exercise a range of functions, including having necessary powers under section 4A(b) of the Act and conducting inquiries, ensuring administrative arrangements, developing a code of conduct, constituting sub-committees, administering oaths, summoning witnesses and ordering production of documents.

Section 4. Functions of the Disciplinary and Ethics Committee Section 4(1) The Committee, shall have all the powers necessary for the execution of its functions under section 4A(b) of the Act. Section 4(2)(a) conduct inquiries into and hearings over complaints submitted to it at such times and places as the Council shall determine; Section 4(2)(b) ensure that the necessary administrative and evidential arrangements have been met; Section 4(2)(c) develop and regularly review the code of professional conduct for ethical and good practice for persons registered under the Act; Section 4(2)(d) constitute as required sub-committees to inquire into and determine the fitness to practice and operate of persons registered under the Act; Section 4(2)(e) administer oaths; Section 4(2)(f) summon persons to attend and give evidence; and Section 4(2)(g) order for the production of relevant documents.

Part III

LODGING OF COMPLAINT

10
LODGING OF COMPLAINT - 10. Service of complaint

AI-assisted research summary: The Council must, within seven days of receiving a complaint, serve that complaint on the medical practitioner or dentist by post or any other means approved by the Council.

Section 10. Service of complaint Section The Council shall within seven days of receipt of a complaint serve the complaint upon the medical practitioner or dentist against whom a complaint has been made by post or by any other means approved by the Council.
11
LODGING OF COMPLAINT - 11. Response to a complaint

AI-assisted research summary: A medical practitioner or dentist served with a complaint must file a response within fourteen days of service of the complaint.

Section 11. Response to a complaint Section A medical practitioner or dentist upon whom a complaint was served under paragraph 10 shall within fourteen days of service, of a complaint file a response.
12
LODGING OF COMPLAINT - 12. Failure to respond

AI-assisted research summary: The inquiry may proceed in the subject's absence.

Section 12. Failure to respond Section the inquiry may proceed in his or her absence; and
13
LODGING OF COMPLAINT - 13. Reference of complaint

AI-assisted research summary: If a complaint is within the Council's mandate, the complaint shall be referred to the Committee to inquire, verify facts and determine action; the Committee may (a) hear and determine the complaint, (b) refer the complaint to the Council or another Committee with findings and recommendations, or (c) refer the complaint for alternative dispute resolution.

Section 13. Reference of complaint Section 13(1) Where it is determined that a complaint is within the mandate of the Council, the complaint shall be referred to the Committee to inquire into the complaint, to verify the facts and other details of the complaint in order to determine the action to be taken. Section 13(2)(a) hear and determine the complaint; or Section 13(2)(b) refer the complaint to the Council or other Committee together with its findings and recommendations; or Section 13(2)(c) refer the complaint for alternative dispute resolution.
14
LODGING OF COMPLAINT - 14. Appearance before the Committee

AI-assisted research summary: The Committee must summon any person who is the subject of a complaint to appear before it for inquiry; the Committee may require that person to produce documents and may hear evidence and inspect documents presented by parties.

Section 14. Appearance before the Committee Section The Committee shall summon before it every person against whom a complaint is made to appear before a the Committee for the purpose of inquiry and may require such person to produce any document in his possession or under his control that in any way relate to the complaint or inquiry and may hear any evidence and inspect any document which the complainant or the party complained against may desire to adduce.
15
LODGING OF COMPLAINT - 15. Power to determine complaint without hearing

AI-assisted research summary: The Committee may decide a complaint or related issues without holding an oral hearing.

Section 15. Power to determine complaint without hearing Section The Committee may determine a complaint or issues arising therefrom without an oral hearing.
5
LODGING OF COMPLAINT - 5. Application

AI-assisted research summary: The provisions of this Part apply to proceedings conducted by the Disciplinary and Ethics Committee and, with necessary modifications, to inquiries or hearings held by the Council.

Section 5. Application Section The provisions of this Part shall apply to proceedings conducted by the Disciplinary and Ethics Committee or with necessary modifications, to an inquiry or hearing held by the Council.
6
LODGING OF COMPLAINT - 6. Institution of inquiry

AI-assisted research summary: The Council may institute an inquiry into the conduct of a registered or licensed person either on its own initiative, on matters of public interest brought to it, or on receipt of a written complaint by or for a dissatisfied person.

Section 6. Institution of inquiry Section The Council may institute an inquiry into the conduct of a registered or licensed person on the Council’s own initiative, on matters of public interest that have been brought to the attention of the Council, or upon the receipt of a complaint to the Council, in writing made by or on behalf of a person who is dissatisfied with any professional service offered by a registered or licensed person.
7
LODGING OF COMPLAINT - 7. Complaints

AI-assisted research summary: Anyone dissatisfied with a professional service or alleging a breach of standards by a registered or licensed person may lodge a complaint in the prescribed form; the form must include the particulars and supporting documents listed in Section 7(2) and Section 7(3).

Section 7. Complaints Section 7(1) Any person who is dissatisfied with any professional service offered, or alleges a breach of standards by a registered or licensed person under this Act, may lodge a complaint in the prescribed form. Section 7(2)(a) a statement clearly setting out the particulars of the medical practitioner dentist, community oral health officer or health institution and service complained being complained about and the nature of the complaint; and Section 7(2)(b) any supporting documentation or evidence. Section 7(3)(a) the particulars of the complainant; Section 7(3)(b) the particulars of the medical practitioner, dentist, community oral health officer or health institution, complained against; Section 7(3)(c) the nature of the complaint; Section 7(3)(d) a record of the accompanying documents; and Section 7(3)(e) such other particulars as the Council may specify.
8
LODGING OF COMPLAINT - 8. Interim orders

AI-assisted research summary: The Council may make interim orders where it considers it expedient to preserve patient safety.

Section 8. Interim orders Section The Council may, where it considers it expedient, make such interim orders as may be necessary for the preservation of patient safety.
9
LODGING OF COMPLAINT - 9. Assessment of the complaint

AI-assisted research summary: The Council must review a complaint to determine whether it falls within the Council's mandate.

Section 9. Assessment of the complaint Section The Council shall review a complaint to determine whether they are within the mandate of the Council.

Part IV

HEARING PROCEDURE

16
HEARING PROCEDURE - 16. Guiding principles

AI-assisted research summary: When determining complaints under these Rules, the Committee must follow the principles of natural justice and must not be bound by court rules of evidence.

Section 16. Guiding principles Section In the determination of complaints under these Rules, the Committee shall be guided by 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.
17
HEARING PROCEDURE - 17. Right to appear before the Committee

AI-assisted research summary: A person against whom a complaint is made is entitled to appear before the Committee (personally or via advocate) and may call evidence and produce documents relevant to the inquiry.

Section 17. Right to appear before the Committee Section A person against whom the complaint is made shall have the right to appear before the Committee to be heard either personally or through his advocate and may call such evidence and produce such documents as may be relevant to the inquiry.
18
HEARING PROCEDURE - 18. Hearing Notice

AI-assisted research summary: The Committee must set the hearing time, date and place after the respondent files a response and must notify the parties; each party is entitled to at least seven days' notice unless they agree otherwise.

Section 18. Hearing Notice Section 18(1) The Committee shall, after the respondent has filed a response to the complaint, fix a time, date and place for the hearing the of the complaint and notify the parties. Section 18(2) Unless the parties to the complaint otherwise agree, each party shall be entitled to not less than seven days' notice of the time, date and place fixed for the hearing.
19
HEARING PROCEDURE - 19. Summons and orders

AI-assisted research summary: The Committee may issue summons to require a person to attend as a witness or to produce documents; a person summoned must be given at least seven days' notice of the hearing unless they accepted a shorter notice.

Section 19. Summons and orders Section 19(1) The Committee may issue summons, to any person to attend as a witness or to produce any documents. Section 19(2) A person summoned to give evidence before the Committee shall be given at least seven days' notice of the hearing unless the person has informed the Committee that he or she accepts a shorter notice if given.
20
HEARING PROCEDURE - 20. Pre-hearing directions

AI-assisted research summary: The Committee may give pre-hearing directions; it may protect sensitive matters and order private hearings or restrict publication. Applications for directions must be made in writing and served on other parties unless all parties consent. The Committee must consider objections and allow parties to appear where necessary.

Section 20. Pre-hearing directions Section 20(1) The Committee may on its own motion or on application by a party to the proceedings give directions, including directions for the furnishing of further particulars or supplementary statements, as may be necessary to enable the parties prepare for the hearing or assist the Committee determine the issues related to the hearing before it. Section 20(2) The Committee may take into account the need to protect any matter that relates to the intimate, personal or financial circumstance of any party, consists of information communicated or obtained in confidence, or concerns national security and may order that all or part of the evidence of a person be heard in private or prohibit or restrict the publication of that evidence. Section 20(3) An application for directions shall be made to the Committee, in writing, and shall, unless accompanied by the written consent of all parties, be served on all other parties to the proceedings by the party seeking directions. Section 20(4) The Committee shall consider an objection to the application for directions, if any party objects the application, and give the parties an opportunity to appear and the objection heard where the Committee considers it necessary.
21
HEARING PROCEDURE - 21. Failure to comply with directions

AI-assisted research summary: The Committee may dismiss, strike out or exclude a party for failing to comply with directions, but it must not take those actions unless it has served notice on the non‑complying party and given them an opportunity to be heard.

Section 21. Failure to comply with directions Section 21(1)(a) dismiss the whole or part of the complaint, where the failure to comply is by the complainant; Section 21(1)(b) strike out the whole or part of a respondent’s reply where the respondent; or Section 21(1)(c) direct that the person who has failed to comply be excluded from participating in the hearing. Section 21(2) The Committee shall not dismiss, strike out or give any directions under subrule (1) unless it has served a notice on the party who has failed to comply with the directions and has given the party an opportunity to be heard.
22
HEARING PROCEDURE - 22. Language of proceedings

AI-assisted research summary: The Committee must conduct proceedings in English or Kiswahili; it may allow applications in other languages subject to translation and must provide interpreters and prepare rulings in English (with translations into Kiswahili on request).

Section 22. Language of proceedings Section 22(1) The Committee shall conduct its proceedings in English or Kiswahili. Section 22(2) The Committee may allow an application lodged in any other language by persons or a group of persons directly affected by the subject matter of the application, and require such persons or group of persons to provide a translation within a reasonable time. Section 22(3) The Committee shall, taking into account all the circumstances, provide a competent interpreter to a party or witness who does not speak or understand English or Kiswahili at the hearing. Section 22(4) The rulings of the Committee shall be prepared in the English language but may be translated, on request by a party, into the Kiswahili.
23
HEARING PROCEDURE - 23. Non-appearance by the Respondent

AI-assisted research summary: If the respondent does not appear the inquiry may continue without them; if the respondent refuses sworn testimony, to answer required questions, or to produce summoned documents, the Committee may make directions it considers necessary.

Section 23. Non-appearance by the Respondent Section 23(1)(a) the inquiry may proceed in his or her absence; and Section 23(1)(b) the person commits an act of professional misconduct or offence under the Act. Section 23(2)(a) refuses or fails to be sworn or affirmed; Section 23(2)(b) refuses or fails to answer a question that he or she is required, by the Chair of the Committee, to answer; or Section 23(2)(c) refuses or fails to produce a document that he or she was required to produce by a summons served, on him or her, the Committee may make such directions as it may consider necessary and appropriate under the circumstances of the case.
24
HEARING PROCEDURE - 24. Hearing procedure

AI-assisted research summary: Sets hearing procedures: the chairperson must explain the order of proceedings; the Committee must conduct hearings suitably and avoid legal technicality; parties can be heard, give evidence, call witnesses and address the Committee; parties and witnesses may give oral or written evidence; the Committee may receive evidence, allow untimely grounds if just and reasonable, provide visual demonstration on request and payment, and make directions when persons refuse oath, answer, or produce documents.

Section 24. Hearing procedure Section 24(1) The chairperson shall, at the commencement of the hearing, explain the order of proceedings which the Committee proposes to adopt. Section 24(2) The Committee shall conduct the hearing in such manner as it considers suitable for the determination of the application or the clarification of issues before it and generally for the just handling of the proceedings and shall, in so far as it may be appropriate, avoid legal technicality and formality in its proceedings. Section 24(3) The parties shall be heard in such order as the Committee shall determine, and shall be entitled to give evidence, call a witness, and address the Committee on both evidence and generally on the subject matter of the application or matter before the Committee. Section 24(4) The parties and their witnesses may give evidence before the Committee orally, on oath or after affirmation or, if the Committee so orders, by affidavit or written statement, but the Committee may at any stage of the proceedings require the personal attendance of any deponent or author of a written statement. Section 24(5) The Committee may receive evidence of any fact, which appears to it to be relevant to the matter or an application before the Committee. Section 24(6) The Committee may, during the hearing and if it satisfied that it is just and reasonable to do so, permit a party to rely on grounds not stated in the party’s notice of application or, as the case may be, the party’s reply and to adduce any evidence not earlier presented to the Committee. Section 24(7)(a) to be heard, submit evidence and make representations; and Section 24(7)(b) to cross-examine witnesses to the extent necessary to ensure fair hearing. Section 24(8) The Committee may, at the request of any party and upon payment of charges, provide visual demonstration facilities for the display of any maps, charts, diagrams, illustrations or texts and documents, which that party intends to exhibit during the hearing. Section 24(9)(a) refuses or fails to take the oath or affirmation; Section 24(9)(b) refuses or fails to answer a question that he or she is required, by the chairperson of the Committee, to answer; or Section 24(9)(c) refuses or fails to produce a document that he or she was required to produce by a summons served, on him or her, the Committee may make such directions as it may consider necessary and appropriate under the circumstances of the case.
25
HEARING PROCEDURE - 25. Hearing and determination of matters in the absence of parties

AI-assisted research summary: Before determining a matter under sub-rule (1)(a), the Committee must consider any written representations submitted by the absent party in response to the hearing notice or application.

Section 25. Hearing and determination of matters in the absence of parties Section 25(1)(a) unless it is satisfied that there is sufficient reason for the absence of the party, hear and determine the application or matter before it in the absence of that party; or Section 25(1)(b) adjourn the hearing, and may make such orders as to costs as it considers fit. Section 25(2) Before determining an application or matter under sub-rule (1)(a), the Committee shall consider any representations submitted by that party, in writing, in response to the hearing notice for the matter or an application. Section 25(3)(a) the inquiry may proceed in his or her absence; and Section 25(3)(b) the person commits an act of professional misconduct or offence under the Act.
26
HEARING PROCEDURE - 26. Consolidation of proceedings

AI-assisted research summary: The Committee may order consolidation of proceedings concerning the same matter or related interests, after giving the parties an opportunity to be heard.

Section 26. Consolidation of proceedings Section The Committee may, upon giving the parties concerned an opportunity to be heard, order the consolidation of any proceedings before it where complaints have been filed in respect of the same matter or in respect of several interests in the same subject of complaint.
27
HEARING PROCEDURE - 27. Exclusion of persons disrupting the proceedings

AI-assisted research summary: The Committee may exclude from all or part of a hearing any person whose conduct has disrupted or is, in the Committee's opinion, likely to disrupt the hearing.

Section 27. Exclusion of persons disrupting the proceedings Section Without prejudice to any other powers it may have, the Committee may exclude from the hearing or part of it, any person whose conduct has disrupted or is likely, in the opinion of the Committee, to disrupt the hearing.
28
HEARING PROCEDURE - 28. Adjournment of proceedings

AI-assisted research summary: The Committee may adjourn an inquiry or hearing on its own motion or if any party applies, and the Committee must give written notice of an adjournment to the persons involved.

Section 28. Adjournment of proceedings Section 28(1) The Committee may of its own motion, or upon the application of any party, adjourn the inquiry or hearing upon such terms as it thinks fit. Section 28(2) Notice of an adjournment of the inquiry shall be given to the persons involved in the proceedings in writing by the Committee.
29
HEARING PROCEDURE - 29. Evidence

AI-assisted research summary: Section 29 permits the Committee to receive and admit various forms of evidence, take note of certain professional details without strict proof, and accept admissions made by parties.

Section 29. Evidence Section 29(1) For the purpose of these Rules, the Committee may receive oral, documentary or other evidence of any fact or matter which appears to it to be relevant to the inquiry into any matter before it. Section 29(2) The Committee may, if satisfied that the interests of justice will not be prejudiced, admit in evidence without strict proof, copies of documents which are themselves admissible, maps, plans, recorded tapes, photographs, certificates of conviction and sentence, certificates of birth and marriage and death, the records including records of the Ministry of Health and other Government Ministries, records of private practitioners, health institutions and any other relevant sources, the notes and minutes of proceedings before the Council and before other tribunals and courts. Section 29(3) The Committee may take note without strict proof thereof of the professional qualifications, the address and the identity of the medical practitioner or dentist or community oral health practitioner. Section 29(4) The Committee may accept and act on admissions made by any party and may in such cases dispense with proof of the matters admitted.
30
HEARING PROCEDURE - 30. Information

AI-assisted research summary: The Committee may obtain information from other persons with relevant knowledge or experience to determine an inquiry.

Section 30. Information Section The Committee may receive or obtain information from such other persons who possess knowledge, information or experience in matters relating to the complaint before it as it may consider necessary for the purposes of determining an inquiry.
31
HEARING PROCEDURE - 31. Amendment of pleadings

AI-assisted research summary: The Committee may allow amendments to statements of complaint or response, at any stage, if for the interest of justice, to aid determination of the proceedings, and after fair notice to the other party.

Section 31. Amendment of pleadings Section The Committee may allow any amendments to the statements of complaint or response at any stage of the proceedings, provided that such amendment shall be for the interest of justice and is aimed at aiding the determination of the proceedings upon fair notice to the other party.
32
HEARING PROCEDURE - 32. Extension of time

AI-assisted research summary: The Committee may extend the time for doing anything under this Part on such terms as the Committee thinks fit.

Section 32. Extension of time Section The Committee may extend the time for doing anything under this Part on such terms as the Committee thinks fit.
33
HEARING PROCEDURE - 33. Judicial notice

AI-assisted research summary: The Committee must notify the parties and give them a reasonable opportunity to make representations before taking judicial notice under subrule (1).

Section 33. Judicial notice Section 33(1)(a) facts that are publicly known; and Section 33(1)(b) generally recognized facts and any information, policy or rule that is within its specialized knowledge. Section 33(2) Before the Committee takes notice of any fact, information, opinion, policy or unwritten rule under subrule (1), it shall notify the parties of its intention and afford them a reasonable opportunity to make representations with respect thereto.

Part V

DECISIONS OF THE COMMITTEE

34
DECISIONS OF THE COMMITTEE - 34. Decisions of the Committee

AI-assisted research summary: Section 34 sets out the possible decisions the Committee may record, how decisions are to be reached and documented, signature and dating requirements, treatment of dissenting opinions, and when a decision is treated as made.

Section 34. Decisions of the Committee Section 34(1)(a) dismiss the complaint; Section 34(1)(b) if the person is found guilty the Committee may order one or more of the sanctions specified under section 20 of the Act; or Section 34(1)(c) recommend to the Director of Public Prosecutions to initiate criminal proceedings against the person found guilty where necessary; Section 34(1)(d) make such order as the Committee considers fit; or Section 34(1)(e) make such recommendations to the Council as the Committee considers fit. Section 34(2) The decision of the Committee shall as far as possible be by consensus. Section 34(3)(a) be reduced to writing whether there has been a hearing or not; and Section 34(3)(b) shall be signed and dated by the chairperson. Section 34(4) A dissenting opinion may be pronounced separately by the member who wrote it and shall be dated and signed by that member. Section 34(5) Except where a decision is announced at the end of the hearing, it shall be treated as having been made on the date on which a copy of the document recording it is sent to the applicant. Section 34(6) Every order or determination of the Committee shall be made under the hand of chairperson or in his or her absence by the person chairing the meeting at which the order or determination is made. Section 34(7) Every order or determination of the Committee bearing the signature of the person chairing shall be prima facie evidence that the order or determination is that of the Committee.
35
DECISIONS OF THE COMMITTEE - 35. Reasons of decisions

AI-assisted research summary: Reasons for decisions must state findings of fact from the evidence and may include relevant government policy, international best practice, or published scientific research.

Section 35. Reasons of decisions Section a statement of the findings of fact made from the evidence adduced, including, where applicable, any relevant government policy, international best practice or published scientific research; and
36
DECISIONS OF THE COMMITTEE - 36. Taking proceedings

AI-assisted research summary: Any party to the proceedings may apply and, upon payment of the prescribed fee, must be given a certified copy of the proceedings, or of any determination or finding of the Council, or other documents.

Section 36. Taking proceedings Section Any party to the proceedings shall, on application and upon payment of the prescribed fee, be furnished with a certified copy of the proceedings or determination or finding of the Council or other documents.
37
DECISIONS OF THE COMMITTEE - 37. Review

AI-assisted research summary: A person meeting the listed conditions may apply to the Council for a review of a Committee decision.

Section 37. Review Section A person dissatisfied with the decision of the Committee, which no appeal has been preferred, and who from the discovery of new and important matter or evidence which after the exercise of due diligence was not within the knowledge of that person or could not be produced by the time the decision was made, or on account of an error apparent on the face of the record, or for any other sufficient reason desires a review may apply to the Council for review, without unreasonable delay.
38
DECISIONS OF THE COMMITTEE - 38. Appeal

AI-assisted research summary: A person aggrieved by a Committee decision may appeal to the High Court under section 20(9) of the Act.

Section 38. Appeal Section A person aggrieved by a decision of the Committee may appeal to the High Court as provided under section 20(9) of the Act.
39
DECISIONS OF THE COMMITTEE - 39. Application for restoration to the register

AI-assisted research summary: Procedures and requirements for applications to restore a name to the register or to restore a licence, including referee details, identity/certificate requirements, and Council/Registrar/Chair roles at hearings.

Section 39. Application for restoration to the register Section 39(1) An application for restoration of the name of a person or the restoration of a license after removal or cancellation pursuant to sections 20 of the Act shall be in the prescribed form and accompanied by the prescribed fee. Section 39(2) All applications for restoration of the name on the register shall be accompanied by a certificate of identity and good character and signed by a medical practitioner or dentist or community oral health officer, as the case may be, of at least ten years’ standing. Section 39(3) A person making an application under subrule (1) shall give the names of three referees, two of whom shall be medical practitioners or dentists of consultant status or of at least ten years’ experience or a senior community oral health officer of at least ten years’ experience and of good repute and standing and one of whom shall be a non- medical person of good repute and social status, to whom the Council can send a request for information about the character, habits and conduct of the applicant during the period of suspension. Section 39(4)(a) the Registrar shall state to the Council the circumstances in which the applicant’s name was removed or erased from the register or the license cancelled and shall adduce evidence as to the conduct of the medical practitioner or dentist or community oral health officer since that time; Section 39(4)(b) the chairperson shall then invite the applicant to address the Council if he so wishes, and adduce evidence as to his conduct since his name was erased from the register or the license was cancelled; Section 39(4)(c) the Council may, if it thinks fit, receive oral or written observation on the applicant from anybody or person whose complaint resulted in the applicant’s name being erased from the register or license being cancelled. Section 39(5) At the close of the proceedings under this rule the Council shall record and the Chair shall pronounce the finding or determination of the Council. Section 39(6) Subject to the provision of this rule, the proceedings of the Council in connection with applications for restoration of the name of a medical practitioner or dentist or community oral health officer on the register or restoration of a licence after cancellation, as the case may be, shall be such as the Council may determine.
40
DECISIONS OF THE COMMITTEE - 40. Revocation LN 157 of 1979

AI-assisted research summary: Revokes The Medical Practitioners and Dentists (Disciplinary Proceedings) (Procedure) Rules, 1979 (L.N. 157/1979).

Section 40. Revocation LN 157 of 1979 Section The Medical Practitioners and Dentists (Disciplinary Proceedings) (Procedure) Rules, 1979 (L.N. 157/1979) are revoked.

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

About this LexChat collection

Publisher and coverage

LexChat is published by Esheria. Coverage reflects the legislation currently mapped from identified source collections; it may be incomplete, delayed, or later corrected. The official source controls where it differs from this research page.

AI and research method

AI-generated material is explicitly labelled and published only through LexChat's quality controls. It is a research aid, not the source document.

Corrections and reporting

Report a source mismatch, factual issue, personal-data concern, or licensing question to support@esheria.co.ke. Include this page's URL and the supporting official source so the record can be reviewed, corrected, restricted, or withdrawn.

Legal-information disclaimer

LexChat provides legal information and research tools, not legal advice. Verify currency, status, citations, and jurisdiction with authoritative sources and a qualified professional where appropriate.