ADVOKS GLOBAL · KENYA
Industrial Property Act
113. Industrial Property Tribunal
Edition: 2022-12-31 · In force
113. Industrial Property Tribunal
(1)For the purposes of hearing and determining appeals in accordance with section 112 and of exercising the other powers conferred on it by this Act, there is established an Industrial Property Tribunal which shall consist of the Chairperson and four members appointed by the Cabinet Secretary.(2)The Chairperson of the Tribunal shall be a person who has been a judge or who is qualified to be appointed a judge of the High Court of Kenya.(3)At least two members of the Tribunal shall be persons who have, for not less than seven years, been qualified and entitled to practice as advocates in Kenya and the other two members must have experience and/or expertise in industrial, scientific and technological fields.(4)The Tribunal shall sit at such times as it may appoint.(5)There shall be paid to the Chairperson and the members of the Tribunal such remuneration and allowances as the Cabinet Secretary may determine.(6)The Cabinet Secretary shall through a competitive process, appoint a person who has experience of not less than seven years in matters relating to industrial property being qualified and entitled to practice as an advocate in Kenya to be Secretary to the Tribunal.(7)The Chairperson and every member appointed under this section shall hold office for a period of three years and shall be eligible for re-appointment.(8)Any member appointed under subsection (1) shall cease to hold office if—(a)the Cabinet Secretary removes him from office on the grounds that he is incapacitated by mental or physical illness or is otherwise unable or unfit to discharge the functions of a member or is unable to continue as a member;(b)he delivers to the Cabinet Secretary a written resignation of his appointment;(c)he has been absent from three consecutive meetings of the Tribunal without leave or good cause;(d)he is adjudged bankrupt or enters into a scheme of composition or a scheme of arrangement with his creditors;(e)he is sentenced by a court to imprisonment for a term of six months or more; or(f)he is convicted of an offence involving dishonesty, fraud or moral turpitude.(9)In the event of vacation of office of any member appointed under this section, the Cabinet Secretary may appoint another person to hold office for the unexpired period of the term of office of the member in whose place he is appointed.(10)If any member of the Tribunal appointed under this section is temporarily unable to perform his duties, the Cabinet Secretary may appoint another person to act in his place during the period of his absence.Case law referring to this provision