ADVOKS GLOBAL · KENYA
Merchant Shipping Act
185. Re-hearing and appeal from inquiry
Edition: 2023-12-11 · In force
185. Re-hearing and appeal from inquiry
(1)Where an inquiry has been held under section 182 or 184, the Cabinet Secretary may order the whole or part of the case to be reheard, and shall do so—(a)if new and important evidence which could not be produced at the inquiry has been discovered; or(b)if there appear to the Cabinet Secretary to be other grounds for suspecting that a miscarriage of justice may have occurred.(2)An order under subsection (1) may provide for the rehearing to be done by the Court.(3)Where a person holding an inquiry has decided to cancel or suspend the certificate of any person, or has found such person at fault, then, if no application for an order under subsection (1) has been made or such an application has been refused, that person or any other person who, having an interest in the inquiry, has appeared at the hearing and is affected by the decision or finding, may appeal to the Court.