ADVOKS GLOBAL · KENYA
State Corporations Act
22. The State Corporations Appeal Tribunal
Edition: 2025-12-05 · In force
22. The State Corporations Appeal Tribunal
(1)There shall be a Tribunal, to be known as the State Corporations Appeal Tribunal, which shall consider and determine appeals under section 21.(2)The Cabinet Secretary for the time being responsible for finance shall provide the Tribunal with such facilities, material and funds as are necessary for the proper conduct of its functions.(3)The Tribunal shall consist of—(a)a Chairperson who shall be a person qualified by law to be appointed a judge, appointed by the President;(b)two other members appointed by the Cabinet Secretary for the time being responsible for matters relating to finance each nominated by—(i)the Council of the Law Society of Kenya from amongst advocates of not less than seven years' standing; and(ii)the Council of the Institute of Certified Public Accountants of Kenya from amongst accountants of not less than seven years' standing.(4)The Attorney-General shall appoint a public officer to be secretary to the Tribunal.(5)There may be appointed such staff of the Tribunal whose offices shall be offices in the public service, as may be necessary.(6)For the purposes of the hearing and determination of any appeal by the Tribunal the secretary may, under the direction of the Tribunal, administer oaths.(7)The Chairperson, may by notice under his hand, summon any person to attend and give evidence and to produce any relevant book or document; and a person who fails to attend when so summoned shall be guilty of an offence and liable to a fine of two thousand shillings or imprisonment for one month.(8)The Tribunal shall have power to make such order as to costs, including—(i)an order for the deposit by an appellant of money as security for costs before proceeding upon an appeal; and(ii)an order that the expenses incurred by an appellant or any other party to the proceedings shall be paid by the state corporation concerned in the proceedings; and(iii)orders as to taxation of costs in accordance with any scale prescribed for suits in the High Court.as appears to it just.(9)Any costs not recovered from security ordered under paragraph (a) (i) of subsection (8) shall be recoverable as a civil debt.(10)A person shall not be qualified to be appointed the Chairperson or a member of the Tribunal if he is an employee of, or a member of the Board of, a state corporation.(11)Every appointment under this section other than an appointment under subsection (5) shall be by name and by notice in the Gazette and shall be for a renewable term of not less than five years with respect to the Chairperson and not more than three years with respect to the members.(12)The sessions of the Tribunal shall, unless the special circumstances of an appeal require, be in Nairobi, convened by the Chairperson as occasion requires.(13)The record of the proceedings and of every decision of the Tribunal shall be authenticated by the signature of the Chairperson and shall be kept by the secretary.(14)The Chairperson and members of the Tribunal, other than public officers in receipt of a salary, shall be paid out of public funds such sitting allowances or other remuneration as the Committee may, in consultation with the Treasury, approve.(15)Subject to this section, the Tribunal may, with the approval of the Chief Justice, regulate its own procedures and the conduct of proceedings before it.