ADVOKS GLOBAL · KENYA
The Competition Tribunal (Procedure) Rules
25. Disclosure
Edition: 2022-12-31 · In force
25. Disclosure
(1)A party discloses a document by stating that the document exists or has existed.(2)A disclosure report shall contain—(a)a brief description of what documents exist or may have existed, that are or may be relevant to the matters in issue in the case;(b)a description of where and with whom those documents are or may be located;(c)in the case of electronic documents, a description of how those documents are stored; and(d)directions which are to be sought regarding disclosure.(3)At a subsequent case management conference, the Tribunal shall decide, having regard to the governing principles, the need to limit disclosure and what is necessary to deal with the case justly.(4)The Tribunal may at any point give directions as to how disclosure is to be made.(5)A party's duty to disclose documents is limited to documents which are or have been in its control.(6)For the purpose of sub rule (5), a party has or has had a document in its control if—(a)the document is or was in its physical possession;(b)it has or has had a right to possession of the document; or(c)it has or has had a right to inspect or take copies of the document.