AGADVOKS GLOBALKENYA · ENGLISH
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State Corporations Appeal Tribunal Rules

12. Hearing

Edition: 2022-12-31 · In force

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12. Hearing

(1)The hearings of the Tribunal shall be held in public, unless for good cause shown and reasons recorded the Tribunal directs that a hearing shall be held in camera.
(2)The parties appearing before the Tribunal at a hearing may under the direction of the Tribunal proceed either by giving oral evidence or by way of making written submissions.
(3)The Tribunal shall not be bound to reject any evidence on the ground only that the evidence would be inadmissible in any other Court or Tribunal, and may dispense with the formal proof of any of the documents referred to in rule 4(3).
(4)The Tribunal shall give the Inspector’s representative an opportunity to address the Tribunal and call witnesses, and shall give the Appellant and other interested parties or their representatives an opportunity to cross-examine any witness called.
(5)The Tribunal shall give the appellant or his representative an opportunity to address the Tribunal and call witnesses, and shall give the Inspector’s representative an opportunity to cross-examine any witness called.
(6)The appellant may, if he so desires, give evidence as a witness on his own behalf.
(7)If at the hearing the appellant fails to appear, either in person or by his representative, or if the Inspector’s representative fails to appear, it shall be at the discretion of the Tribunal to proceed with the hearing and determine it or adjourn the hearing or give such directions in respect thereof as appear to it to be just and expedient in all the circumstances of the case.
(8)The Tribunal shall administer to any witness appearing before it an oath in the form prescribed by law for administering oaths during court proceedings.
(9)The Tribunal may have regard to the circumstances existing at the date of the hearing of the appeal where any change of circumstances has occurred since the lodging thereof.
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Source: Kenya Law