The Commission on Administrative Justice Regulations

AI-assisted research summary: Sets the short title: "Commission on Administrative Justice Regulations."

AI-assisted research summary: This section provides definitions for terms used in the Regulations, including definitions for "Act", "admission", "Chairperson", "Commission", "Commissioner", "Complainant", "Complaint", "hearing", "investigation", "mediation", "respondent", "State office", and "State officer".

AI-assisted research summary: If the Commission considers a complaint unmeritorious, it may discontinue proceedings, record its reasons and notify the complainant.

AI-assisted research summary: If a complaint is discontinued under regulation 10, the complainant may appeal in writing to the Chairperson; if an appeal is disallowed the complaint is closed and the appellant notified; a letter signed by the Chairperson notifying the complainant of the Commission's decision counts as notice.

AI-assisted research summary: A complainant may withdraw a complaint in writing at any stage; if the complainant fails to respond within three months the Commission may deem the complaint lapsed, but the Commission may still proceed in the public interest and a lapsed complainant may apply for re-admission to the Chairperson.

AI-assisted research summary: Permits consolidating complaints or designating one as a test complaint and staying action on others; the decision on a test complaint applies, mutatis mutandis, to consolidated complaints.

AI-assisted research summary: The Commission may take judicial notice of facts that are publicly known.

AI-assisted research summary: Proceedings are in English or Swahili; the Commission must try to provide an interpreter to a party who cannot speak or understand the language of proceedings, and interpretation includes braille and sign-language.

AI-assisted research summary: The Commission must keep a register of complaints and enter all complaints upon receipt.

AI-assisted research summary: The Commission may determine the places and forms for lodging complaints from time to time; complaints may be lodged at the Commission's offices or other places in such form.

AI-assisted research summary: A complaint may be lodged by the complainant, someone acting for them, or any person authorized by law to act for the complainant; the Commission may admit anonymous complaints.

AI-assisted research summary: If a complaint is oral or the complainant cannot read or write, a designated officer of the Commission may put it in writing; complainants may attach supporting documents; complaints may be made anonymously or have identity protected as directed by the Chairperson.

AI-assisted research summary: When deciding complaints under these Regulations, the Commission must have due regard to the principles of natural justice and is not bound by court rules of evidence.

AI-assisted research summary: The Commission must not charge any fee for lodging or determining complaints.

AI-assisted research summary: Documents required to be served under these Regulations must, where practicable, be served personally; if personal service is not possible, the Commission may determine an alternative manner; documents must be served by an officer of the Commission or someone the Commission authorizes.

AI-assisted research summary: Complaints entered in the register are to be forwarded to the appropriate Department in the Commission for screening; screening may result in admitting the complaint, advising the complainant that the matter is outside the Commission's mandate, or referring the matter to another body or institution.

AI-assisted research summary: Upon admission of a complaint the Commission must draft a communication in form CAJ 1-1 or CAJ 2-1. If there is no response after fourteen working days a reminder giving seven days to comply shall be communicated; a further final reminder giving seven days follows if still no response. If after twenty-eight days there is still no response the Commission must issue summons or make other orders to attend the respondent.

AI-assisted research summary: If a respondent fails to respond to a summon, the section allows the complaint to be determined in the respondent's absence.

AI-assisted research summary: Section 19. Resolution of complaint Section conduct investigations;

AI-assisted research summary: Make a formal determination that the respondent is in breach of the Constitution, the Act or any other legislation.

AI-assisted research summary: Determination of complaint Section recommend an appropriate remedy;

AI-assisted research summary: The Chairperson may commission investigations; investigators must prepare reports; the Commission may keep records and publish findings and has investigation powers (summons, requisition information, administer oaths, require documents, enter premises by court order) and may conduct hearings, mediation, referrals or determine complaints.

AI-assisted research summary: The Commission may advise parties to use mediation; if both parties consent the Commission must fix a meeting date; the Chairperson must, after a mediation notice and before the meeting, constitute a mediation panel with at least one Commissioner.

AI-assisted research summary: During a mediation or meeting, the panel appointed under regulation 23(4) may apply procedures it considers appropriate in the interests of the parties.

AI-assisted research summary: Both parties must sign a mediation and conciliation agreement at the end of the mediation, bearing the Commission's common seal and signed by the designated Commissioner; the Commission may award compensation under this Part.

AI-assisted research summary: The Commission may hold hearings; hearing panels consist of persons the Chairperson may appoint; the Commission must hold hearings in public unless circumstances requiring otherwise are stated.

AI-assisted research summary: The Commission must notify parties of a hearing panel and require appearances; parties must appear within fourteen days of service; parties may appear in person or with representation; the Commission must set the hearing date and serve a hearing notice in a form it determines.

AI-assisted research summary: If a party duly served fails to appear, the hearing panel may proceed and make orders; if one party appears and the other does not the panel may dispense with the complaint if notice was served; the defaulting party may apply to have the decision set aside and the panel may reinstate and reschedule the hearing subject to conditions.

AI-assisted research summary: Rules for hearing procedure: the hearing panel may adopt flexible procedures, hear parties in its chosen order, receive evidence (including by affidavit), question parties and witnesses, call additional evidence, adjourn and make interim orders; parties are entitled to present and question evidence; the panel must record evidence, enter decisions, and administer oaths; the Commission must fix further hearing dates when proceedings are adjourned.

AI-assisted research summary: The party to the complaint must file a written revocation of the advocate’s authority with the Commission.

AI-assisted research summary: The hearing panel must render a decision after a hearing; if not given immediately the panel must deliver the decision on notice; the Commission may correct typographical errors after the decision.

AI-assisted research summary: Orders made by the hearing panel must be extracted, sealed, authenticated as orders of the Commission and must be signed by the Chairperson; Orders of the Commission are to be enforced in a similar manner as Orders of Court.

AI-assisted research summary: Parties may obtain a copy of the Commission’s decision free of charge.

AI-assisted research summary: The Commission may join court or tribunal proceedings as an interested party, intervener or amicus curiae, on its own motion or by invitation; when requested it may decline to be enjoined if it gives written reasons.

AI-assisted research summary: The Commission may from time to time determine any other forms to help carry out the provisions of the Act and these Regulations.

AI-assisted research summary: The Commission may issue instructions from time to time for any case not covered by these Regulations.