ADVOKS GLOBAL · KENYA
Advocates Act
58. Proceedings of Tribunal
Edition: 2024-04-26 · In force
58. Proceedings of Tribunal
(1)The Tribunal may, subject to subsection (2), act as a tribunal of either three or five members, and may require the chairman or vice-chairman of the Society or both or any other member of the Council of the Society, to sit as an additional member or members of the Tribunal to constitute the tribunal for the purposes of any complaint or matter where, on the grounds of availability or convenience, a tribunal would not otherwise be available.(2)The Attorney-General or Solicitor-General shall be the chairman of the Tribunal and shall preside at all meetings at which he is present, and in absence of the Attorney-General or the Solicitor-General the person deputed by the Attorney- General under section 57(1)(b) shall be chairman of that meeting:Provided that if both the Attorney-General and the Solicitor-General or any person deputed by the Attorney-General under subsection (1) of section 57 are unable to be present, the tribunal shall appoint a chairman from the members present.(3)The secretary of the Society shall be the secretary of the Tribunal and his remuneration, if any, shall be paid by the Society:Provided that the Tribunal may, in the case of absence or inability to act of the secretary, appoint any person entitled to act as an advocate to act as secretary to the Tribunal during the period of such absence or inability to act and in such case the remuneration, if any, of the person so appointed shall be paid by the Society.(4)For the purposes of any application or complaint made to it under this Part, the Tribunal may administer oaths or affirmations, and the complainant and the advocate to whom a complaint relates, and an applicant making any application to the Tribunal, may take out a summons to give evidence or to produce documents, but no person shall be compellable under any such summons to produce any document which he could not legally be compelled to produce at the trial of a suit.(5)All proceedings before the Tribunal shall be deemed for the purposes of Chapter XI of the Penal Code (Cap. 63) to be judicial proceedings and for the purposes of the Evidence Act (Cap. 80) to be legal proceedings.(6)The Tribunal may make rules for regulating the making to the Tribunal, and the hearing and determination by the Tribunal, of applications or complaints under this Part or with respect to matters incidental to or consequential upon it’s Orders.