The Commission on Administrative Justice Regulations

Section 1. Citation Section These Regulations may be cited as the Commission on Administrative Justice Regulations.

Section 2. Interpretation Section In these Regulations, unless the context otherwise requires— "Act" means the Commission on Administrative Justice Act (Cap. 7J); "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 Commission’s own motion of establishing the facts in a matter, by an investigator, upo...

Section 3. Lodging of complaints Section 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.

Section 4. Parties to a Complaint Section 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.

Section 5. Form of a complaint Section 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. Section 5(2)(a) the name and contact details of the complainant; Section 5(2)(b) the particulars of the respondent; Section 5(2)(c) the substance of the complaint in sufficient detail to enable the Commission to act. Section 5(3) The complainant may attach or provide any documents necessary to support the complaint. Section 5(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.

Section 6. Principles of natural justice Section 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.

Section 7. Fees Section The Commission shall not charge any fee in the lodging and determination of complaints.

Section 8. Service of process Section 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. Section 8(2) Where it is not possible to effect personal service, the document may be served in such manner as the Commission may determine. Section 8(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.

Section 9. Screening of Complaints Section 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. Section 9(2)(a) admit the complaint; Section 9(2)(b) where appropriate, advise the complainant in writing that the matter is not within the mandate of the Commission; or Section 9(2)(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.

Section 10. Discontinuation of a complaint Section 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.

Section 11. Appeal Section 11(1) Where a complaint has been discontinued under regulation 10, the complainant may, in writing, appeal to the Chairperson against the discontinuation. Section 11(2) Where an appeal is disallowed, the complaint shall be closed and the appellant notified appropriately. Section 11(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.

Section 12. Withdrawal and lapse of complaint Section 12(1) A complainant may, in writing, withdraw a complaint pending before the Commission at any stage during its consideration. Section 12(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. Section 12(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. Section 12(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.

Section 13. Joint consideration of complaint Section 13(1)(a) consolidate the complaints; or Section 13(1)(b) treat one complaint as a test complaint and stay further action on the other complaints pending resolution of the test complaint. Section 13(2) The decision on a test complaint shall apply, mutatis mutandis , to all other complaints with which the test complaint was consolidated.

Section 14. Judicial notice Section The Commission may take judicial notice of facts that are publicly known.

Section 15. Language Section 15(1) Proceedings before the Commission shall be conducted in the English or Swahili languages. Section 15(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. Section 15(3) For purposes of paragraph (2), interpretation shall include interpretation for braille, sign-language or such other interpretation as may be deemed necessary.

Section 16. Register of Complaints Section The Commission shall keep a register of complaints in which all complaints shall, upon receipt, be entered.

Section 17. Action on complaint Section 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. Section 17(2) Upon the expiry of fourteen working days, if there is no response after receipt, a reminder giving seven days to comply in form CAJ 3-1 set out in the Second Schedule shall be communicated to the respondent. Section 17(3) If there is still no response under paragraph (2), a further and final reminder giving seven days to comply in form CAJ 3-1 set out in the Second Schedule, shall be send to the respondent. Section 17(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.

Section 18. Failure to respond to Summon Section determine the complaint in the absence of the respondent;

Section 19. Resolution of complaint Section conduct investigations;

Section 20. Action against respondent Section make a formal determination that the respondent is in breach of the Constitution, the Act or any other legislation;

Section 21. Determination of complaint Section recommend an appropriate remedy;

Section 22. Investigations Section 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. Section 22(2)(a) issue summonses or requisition information in form to be determined by the Commission; Section 22(2)(b) administer an Oath or Affirmation; Section 22(2)(c) requisite any document or information from any person or institution; and Section 22(2)(d) by order of court, enter into any establishment or premises, conduct inspections or collect documents. Section 22(3) Upon completion of the investigation, the investigator shall prepare a report and submit it to the Chairperson of the Commission. Section 22(4)(a) conduct a formal hearing; Section 22(4)(b) undertake a mediation or a conciliation; Section 22(4)(c) refer the complaint to the appropriate public body for further action; or Section 22(4)(d) determine the complaint appropriately. Section 22(5) The Commission shall keep a record of each investigation and may publish the findings and recommendations, pursuant to an investigation, and may include...

Section 23. Procedure Section 23(1) The Commission may, in writing, advise the parties to a complaint that the dispute may be best resolved through mediation and conciliation. Section 23(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. Section 23(3)(a) the names of the parties to the complaint; and Section 23(3)(b) the date, time and venue of the mediation meeting. Section 23(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.

Section 24. Procedures at conciliation meeting Section 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.

Section 25. Conciliation agreement Section 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. Section 25(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. Section 25(3) Despite provisions of this regulation, the Commission may make awards for compensation under this Part.

Section 26. Hearings Section 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. Section 26(2) A hearing panel shall consist of such persons as the Chairperson may appoint. Section 26(3) Unless the circumstances otherwise require, for reasons stated, the Commission shall conduct its hearings in public.

Section 27. Hearing procedure Section 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. Section 27(2)(a) the names of the parties; Section 27(2)(b) the date, place and time of the hearing; Section 27(2)(c) the penalty for non-compliance; Section 27(2)(d) the duration within which appearance is required; and Section 27(2)(e) a notice that a party may appear in person or with an advocate, representative or intermediary. Section 27(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). Section 27(4) Where a party has entered appearance under to paragraph (3), the Commission shall give directions and fix a hearing date. Section 27(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. Section 27(6) Upon fixing a hearing date, a hearin...

Section 28. Default in appearance Section 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. Section 28(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. Section 28(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. Section 28(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.

Section 29. Procedure at hearing Section 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. Section 29(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. Section 29(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. Section 29(4) The hearing panel shall enter an appropriate decision on part or all of the complaint. Section 29(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. Section 29(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 t...

Section 30. Change of Advocate Section the party to the complaint files a written revocation of the advocate’s authority with the Commission;

Section 31. Panel decisions Section 31(1) After concluding the hearing of the matter, the hearing panel shall render a decision reflecting substantive justice. Section 31(2)(a) the nature of the complaint; Section 31(2)(b) a summary of the relevant facts and evidence adduced before the panel; Section 31(2)(c) the determination and reasons supporting the panel’s decision; Section 31(2)(d) the remedy to which the complaint is entitled; and Section 31(2)(e) the order of the panel necessary to enforce the remedy. Section 31(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. Section 31(4) After the decision is rendered, the Commission may correct typographical errors without prejudice to the substance of its findings.

Section 32. Orders Section 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. Section 32(2) Orders of the Commission shall be enforced in similar manner as Orders of Court.

Section 33. Copies of proceedings Section Parties may obtain a copy of the Commission’s decision free of charge.

Section 34.Amicus curiae Section 34(1) 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. Section 34(2)(a) are matters of broad public interest; Section 34(2)(b) are matters raising substantial policy implications; Section 34(2)(c) are matters affecting public administration; Section 34(2)(d) are matters relating to administrative justice; Section 34(2)(e) are matters concerning leadership and integrity; or Section 34(2)(f) are matters of interest to the Commission in light of its mandate.

Section 35. Forms Section 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.

Section 36. Cases not covered by these Regulations Section 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.