ADVOKS GLOBAL · KENYA
Tea Act
62. Complaint and investigation against a licensee
Edition: 2022-12-31 · In force
62. Complaint and investigation against a licensee
(1)A person who is aggrieved by or is likely to be aggrieved by the contravention of any provision of this Act by a licensee may file a complaint requesting the Board to enforce the provisions of this Act against that licensee.(2)The complainant shall, in the complaint,—(a)cite the specific provisions of this Act that the licensee has contravened or is likely to contravene;(b)state the facts relating to the alleged contravention or likely contravention; and(c)attach any documents relevant to the complaint.(3)The Board shall provide a written response to the complainant within fifteen days of receipt of a complaint.(4)The Board may by written notification to the complainant, extend the review of the complaint by up to thirty days where it determines that a complaint raises—(a)a novel issue whose disposition requires the Board to consider an issue that it has not previously addressed; or(b)a complex issue whose disposition requires the Board to obtain significant factual information to resolve a difficult legal, factual or policy issue.(5)The Board may dismiss a complaint if—(a)the complainant fails to show that it has been injured, or is likely to be injured as a direct result of the alleged contravention of the provisions of this Act as cited in the complaint;(b)the factual allegations in the complaint are unsupported or are without merit;(c)the factual allegations in the complaint, even if proven to be true, do not constitute a contravention of this Act or the regulations made thereunder; or(d)it concludes that the exercise of its enforcement discretion would not be appropriate.(6)Where the Board dismisses a complaint, it shall notify the complainant and provide a written explanation.(7)Where the Board admits a complaint, it shall issue a written notification to the licensee complained of and the complainant indicating—(a)the specific provisions of this Act that the licensee has been alleged to contravene; and(b)reasonable details of the alleged facts constituting the contravention.(8)A licensee that is the subject of a complaint shall, within fifteen days of receipt of the notification from the Board, submit a response providing the basis on which it disputes the allegations of contravention.(9)The Board shall, subject to section 68 on confidentiality, provide copies of all documents filed by each party to the other party.(10)The Board may—(a)allow the filing of additional responses by the parties;(b)upon application and for good reasons, extend time for the filing of any documents or replies by the parties to the complaint;(c)request the complainant or the licensee complained of to submit additional information at any time during the course of the enforcement proceedings; or(d)direct an independent audit or appropriate investigation of the operations and books of account of a licensee to obtain information relevant to the complaint.