194
CAP. 411A
[Subsidiary]
Kenya Information and Communications
[Rev. 2011
(11) The complainant shall be entitled to reply to the submissions of the
party against whom a complaint has been made and not raise new issues.
(12) The Commission may examine the parties and their witnesses when
hearing a dispute.
(13) A witness called and examined by the either party may be crossexamined by the other party and after being cross-examined, the witness may
be re-examined.
(14) The Commission may, at any time before making any orders relating
to a dispute, require a party or any other person whom the Commission considers
competent, to adduce documentary evidence or produce any material, specimen
or product that the Commission may consider necessary for the determination
of a dispute.
(15) The Commission may adjourn the hearing of a dispute for the
production of further evidence or for other good cause, on such terms as it
may determine.
(16) Where on the date of hearing any of the parties or their authorized
representative does not appear when the dispute is called for hearing, the
Commission may dismiss the dispute for non-appearance or proceed ex
parte.
(17) Where a dispute is dismissed in default or decided ex-parte an
aggrieved party may file an application within fourteen days from the date
of such dismissal, for review of the order given, and the Commission may
review the order if it is satisfied that there was sufficient cause for the nonappearance.
(18) No party to a dispute shall communicate, outside the hearing of the
matter, with any member of the Commission with regard to matters or issues
which are the subject matter of the dispute.
Decision of the
Commission.
8. (1) The Commission shall make its decision in writing, stating
reasons for the decision, within thirty days from the date of conclusion of the
hearing.
(2) The decision of the Commission shall be dated and signed by the
members of the Commission who participated in the hearing and determination
of the dispute.
(3) The Commission shall cause to be made a record of the proceedings
of the hearing of the dispute and include that record, together with a copy of the
decision, in a document to be certified and signed by the presiding officer of the
Commission as a true and correct record of the proceedings and the decision.
(4) The Commission shall forward a certified copy of the document
described in paragraph (3) to each party.
(5) The Commission may, given the urgency of a dispute or for other