Rev. 2011]
Kenya Information and Communications
CAP. 411A
(3) If the respondent does not desire to file a statement of facts under
this rule, he shall forthwith give written notice to that effect to the Executive
Officer and to the appellant, and in that case the respondent shall be deemed
at the hearing of the appeal to have accepted the facts set out in the statement
of facts of the appellant.
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[Subsidiary]
9. (1) As soon as may be convenient after receipt by him of the Notice and place of
memorandum, the Executive Officer shall notify the Chairman thereof.
hearing.
L.N. 176/2003.
(2) The Chairman shall, after the respondent has filed a statement of
facts or has notified the Executive Officer that he does not intend to do so, fix
a time, date and place for a meeting of the Tribunal for the purpose of hearing
the appeal, and the Executive Officer shall cause notice thereof to be served on
the appellant and the respondent.
(3) The Executive Officer shall cause to be supplied to each member of
the Tribunal a copy of the notice of the hearing and of all documents received
by him from the parties to the appeal.
(4) Unless the parties to the appeal otherwise agree, each party shall be
entitled to not less than seven days’ notice of the time, date and place fixed for
the hearing of the appeal.
10. At the hearing of an appeal, the following procedure shall be Procedure at hearing
observed—
of appeal.
L.N. 176/2003.
(a) the respondent shall be entitled to be present or be represented;
(b) the appellant shall state the grounds of his appeal and may support it
by any relevant evidence, but, save with the consent of the Tribunal
and upon such terms as it may determine, the appellant may not at
the hearing rely on a ground of appeal other than a ground stated
in the memorandum and may not adduce evidence of facts or
documents unless those facts have been referred to in, and copies
of those documents have been annexed to, the statement of facts
of the appellant;
(c) at the conclusion of the statement and evidence on behalf of the
appellant, the respondent may make submissions supported by
relevant evidence, and subparagraph (b) shall mutatis mutandis
apply to evidence of facts and documents to be adduced by the
respondent;
(d) the appellant shall be entitled to reply but may not raise a new
issue or argument;
(e) the Chairman or a member of the Tribunal may at any stage of the
hearing, ask any questions of the appellant or the respondent or a
witness examined at the hearing, which he considers necessary to
the determination of the appeal;
(f) a witness called and examined by either party may be cross