ADVOKS GLOBAL · KENYA
Medical Practitioners and Dentists (Inquiry and Disciplinary Proceedings) (Procedure) Rules
24. Hearing procedure
Edition: 2022-12-31 · In force
24. Hearing procedure
(1)The chairperson shall, at the commencement of the hearing, explain the order of proceedings which the Committee proposes to adopt.(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.(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.(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.(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.(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.(7)The Committee shall grant to any party a reasonable opportunity—(a)to be heard, submit evidence and make representations; and(b)to cross-examine witnesses to the extent necessary to ensure fair hearing.(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.(9)If a person appearing at the inquiry or hearing, without reasonable excuse—(a)refuses or fails to take the oath or affirmation;(b)refuses or fails to answer a question that he or she is required, by the chairperson of the Committee, to answer; or(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.