The Tribunals Bill, 2025

Legislative progress

Introduced / Published: 1 Oct 2025

○ First Reading
○ Second Reading
○ Committee of the Whole House
○ Third Reading
○ Presidential Assent

Current status: [Bills Tracker NA Bill No. 43 of 2025] 19/09/2025 | 02/10/2025 | 160

Stage dates are back-filled from publication records and Hansard, and refined by editors. Some dates may be approximate or not yet recorded.

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United Democratic Alliance · Tharaka Constituency

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Bill text

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SPECIALISSUE

Kenya GazetteSupplement No.160(National Assembly Bills No.43)

REPUBLICOFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2025

NAIROBI,19thSeptember,2025

CONTENT

Bill for Introduction into theNational Assembly-

The TribunalsBill,2025

NATIONAL ASSEMBLY RECEIVED

280CT2025

DIRECTOR LEGAL SERVICES P.O.Bo41842-00100,NAIROBI

PRINTEDANDPUBLISHEDBYTHEGOVERNMENTPRINTER,NAIROBI

PAGE

1037

Clauses

PARTI-PRELIMINARY

1Short title.
2—Interpretation.
3-Object andpurpose of theAct.

4Application of theAct. PARTII-ESTABLISHMENTAND ADMINISTRATIONOFTRIBUNALS

5-Functions andpowersof the Commission.
6—Registrar ofTribunals.
7Functions of the Registrar.
8FunctionsoftheDeputyRegistrar.
9-Registrar'spower to delegate.
10-Secretariat.
11-Procedurefor establishmentofaTribunal.
12-Appointment of Chairpersons andmembersofa Tribunal.
13-Qualificationsfor appointment Chairperson and members ofa Tribunal.
14-Disqualifications.
15-Tenure ofmembersofaTribunal.
16—Vacancyin the officeof Chairperson ormember of a Tribunal.
17General principles.
18-Arrangement ofbusiness ofa Tribunal.
19Quorum ofa Tribunal.
20-Remuneration ofmembersof a Tribunal.
21—Power to seek technical advice.
22-Jurisdiction ofTribunals.
23-Power toreviewown decision.
24Enforcementofdecisions.
25-Award ofcosts.

THETRIBUNALSBILL,2025 ARRANGEMENTOFCLAUSES

26Contempt.
27-Appeals.
28-Periodfordetermination ofmatters.
29-Extension of time.
30-Funds ofTribunals.
31—Bank accounts.
32-Annual report.

PARTII-GENERALPROVISIONS

33-Oathor affirmation of office.
34Protectionfrompersonal liability
35-Conflict ofinterest.
36-Confidentiality.
37-Duty tocooperate.
38-Common seal.
39Offences.
40Conflict of laws.

PARTIV-PROVISIONS ONDELEGATED POWERS

41—Regulations.
42—Rules.

PARTV-SAVINGANDTRANSITIONAL

PROVISIONS

43-Tenure of members of Tribunals.
44Pending cases.
45Staff.
46Disposal of assets.
47-Existinglaws.
48-Consequential amendments.

FIRST SCHEDULE-OATH OR

AFFIRMATION

OFOFFICESFOR

CAHIRPERSONS

ANDMEMBERS

OFTRIBUNALS

SECOND SCHEDULE-CONSEQUENTIAL AMENDMENTS.

THETRIBUNALSBILL,2025

A Bill for

AN ACT ofParliament to give effect to Articles 159(1),

160(1),161(1) and 169(1)(d) of the Constitution;to establish the Office of Registrar of Tribunals;to rationalize and regulate the administration and functions of Tribunals and for connected purposes

ENACTEDby theParliamentofKenya,asfollows

1.This Act may be cited as the Tribunals Act,2025. Short title.
2.In this Act,unless the context otherwise requiresInterpretation.

"Commission" means the Judicial Service Commission established byArticle171 of the Constitution;

"Chief Registrar"means the Chief Registrar of the

Judiciary established inArticle16lof the Constitution;

"decree"has the meaning assigned to it under the

Civil Procedure Act;

Deputy Registrarmeans a Deputy Registrar deployed toa Tribunal by the Judicial Service Commission;

"Registrar" meansthe Registrar of Tribunals appointedpursuant to section 6;and

"Tribunalmeans a Tribunal established by an Act of Parliament tpursuant toArticle169(1)(d)ofthe Constitution.

3.The purpose of this Act is to provide a legislative frameworkto-
(a)rationalize and regulate Tribunals;
(b) streamline the governance and operations Tribunals;
of
(c)provide ea reasonable standard the
establishment of Tribunals:
(d) set appropriate qualifications for Chairpersons and members of Tribunals;
(e) ensure expeditious settlement of disputes by Tribunals;

Objectand purpose of the

Act.

(f) enhance access to justice;and
(g)improve quality of service delivery byTribunals.
4.(1) This Act shall apply to Tribunals established Application of the pursuant toArticle 169(1)(d)of the Constitution.
(2)ThisAct shall not apply to
(a)a tribunal established under Articles 144(3), 158(4),168(5)(a),168(5)(b) and 251(4)(b)ofthe
Constitution;
(b)anarbitral tribunal establishedunderthe Cap.49.
Arbitration Act;
(c)an independent tribunal;
(d)an administrative tribunal;and
(e)an informal tribunal.

PARTII-ESTABLISHMENTAND

ADMINISTRATIONOFTRIBUNALS

5.(l)Inaddition to the functionsoftheCommission powersofthe under Article172 of the Constitution,the Commission Commission. shall--
Functions and
(a) developpoliciesfor theregulation of Tribunals;
(b)ensure the enhancement of a fair,efficient and accessible Tribunal system and jurisprudence;
(c)evaluate,rationalize and recommend toParliament the Tribunals to be established,merged or abolished;
(d)regulate and oversee the functioning of Tribunals;
(e) set standards and monitor compliance with the standards by the Tribunals in their functioning and service delivery;
(f)develop a Codeof Conductfor Tribunals;
(g)ensure Tribunals adhere to the provisions of the
law,regulations,policies,Code of Conduct,rules or guidelines;
(h)provide strategic direction to Tribunals;
(i) facilitate training programmes for members and staff of Tribunals;

(j) facilitate law reporting on decisions of Tribunals in consultation with the National Council for Law
Reporting;
(k) facilitate public education on the role of Tribunals;
and
(l)perform any other function as may be necessary for the proper discharge of its responsibilities
under this Act.
(2)Despite subsection (1),the Commission shall
within twoyearsof thecommencementofthisAct
(a) formulate and adopt guidelines for evaluation and
rationalization of Tribunals;and
(b)undertake the first evaluation and rationalization exercise andrecommendtoParliament the Tribunals to be established,merged or abolished.
6.(1) There shall bea Registrar of Tribunals who shall,pursuant to Article 161(3) of the Constitution,be appointed by the Commission.
(2) There shall be such number of Deputy Registrars
for Tribunals as the Commission may consider necessary.
(3) A person shall be qualified for appointment as
Registrar orDeputy Registrar if the person-
(a) is an advocate of the High Court of Kenya;
(b) in the case of the Registrar,has at least ten years post qualification experience and,in the case of a Deputy Registrar, has at least five years post qualification experience;and
(c) satisfies the requirements of Chapter Six of the Constitution.
7.The Registrar shall perform such duties as the Chief Registrar may direct, and in particular shall be responsible for-
(a) the establishment ofregistries of Tribunals;
(b) the day to day administration and management of the Tribunals;

Registrar of Tribunals.

Functions of the Registrar.

(c)overseeing support services for Tribunals including the planning,development and the organization of staff;
(d)monitoringof administration and office procedures
to uphold efficiency and quality of service;
(e)planning,preparation and implementation of the budget of Tribunals;
(fpreparationofreportsandproposals son administrative issues asmay be required from time
to time;
(g)overseeing the procurement and disposal of assets;
(h) the acceptance,transmission,service and custody
of documentsin accordance with the law;
(i) facilitation of the enforcement of the decisions of
Tribunals;
(i) certification of any order, direction or decision as an order,direction or decision of Tribunals;
(k) causing to bekept records of the proceedings and minutes of the meetings of Tribunals and such other records as Tribunals may direct;
(l)management of the library of Tribunals;
(m)facilitation of access to judgments and records of Tribunals;and
(n)undertaking any other duties,in relation to the regulation and management of Tribunals,assigned by the Commission under this Act or any other
written law.
(2) The Registrar and Deputy Registrars shall work under the general direction of the ChiefRegistrar and shall have all the powers necessary for the execution of their functions under this Act.
8.(l) A Deputy Registrar shall be responsible to the
Registrar for-
(a) the administration and management ofa Tribunal;
(b) case management within the Tribunal;

Functions of the DeputyRegistrar.

(c) efficient management of the day-to-day operations and administration of human resources in the Tribunal;
(d)performing judicial functions as may be assigned by the Chief Registrar pursuant to the provisions ofany law;
(e) supporting the Registrar through supervision and coordination of the operations of the Tribunal's registry;
(f) accounting for any service in respect of which monies have been allocated and for which issues are made from the JudiciaryFund;
(g)planning,preparing,implementing and monitoring the budget and collecting and accounting for revenue in the Tribunal;and
(h) any other function as may be assigned by the
Registrar.
(2) In relation to the proceedings before a Tribunal,a Deputy Registrar may consider and dispose of procedural or administrative matters in accordance with the Rules or on the direction of the Registrar.
9.Except as provided under this Act or any other law,the Registrar may,in writing, delegate to a Deputy Registrar,any of the powers or functions vested in the Registrar.
10.(l) There shall be a Tribunals Secretariat which
shall beheaded by the Registrar.
(2) The Secretariat under subsection (1) shall consist of-
(a) such Deputy Registrars as may be determined by
the Commission;
(b) such technical, administrative and support staff as may be appointed by the Commission under this Act;and
(c) such public officers as may be seconded by the Public Service Commission upon a request by the Commission.

Registrar's power to delegate.

Secretariat.

(3)The officers and staff under subsection (2) shall be
appointed upon such terms and conditions of service as the Commission may determine.
11.(l) Where a ministry,department or agency intends to establish a Tribunal, the responsible Cabinet Secretary shall submit to the Commission,a writtenrequest for theproposed establishment of theTribunal.
(2) The request of the responsible Cabinet Secretary shall be accompaniedby-
(a)a detailed statement justifying the proposed
establishment of the Tribunal;and
(b) a feasibility assessment report for the purpose of ascertaining
i the strategic viability of establishing the proposed Tribunal;
(ii) the practicability of the mandate of the proposed Tribunal being conducted by an existing Tribunal;and
(ii) whether or not there is need to establish a
new Tribunal.
(3) The Commission shall consider the request and feasibility assessment report submitted toit under subsection (2) and shall submit its decision,in writing to the relevant Cabinet Secretary and to the Cabinet Secretary
to theNational Treasury,within sixty days ofreceipt of the report.
(4) Where the Commission recommends the proposed establishment of the Tribunal,the Cabinet Secretary shall submit the request together with the views of the National Treasury on the financial implications of establishing the Tribunal and the decision of the Commission to the Cabinet for consideration and approval.
(5) Upon approval by the Cabinet under subsection (4),a Tribunal shall be established through an Act of Parliament.
(6) Nothing under this section shall preclude the Commission from recommending the appointment ofan ad
hocpanel of experts to enquire into and determine a dispute

Procedure for establishment ofa

Tribunal.

arising out of an emergency and in respect of which no Tribunal hascompetent jurisdiction.
(7) A panel constituted under subsection (6) shall subject to rules made under this Act have the powers ofa
Tribunal.
(8) Notwithstanding the provisions of any other law, no Tribunal shall be established withoutthe recommendation ofthe Commission.
(9) The Commission may prescribe the manner and
procedure for the evaluation under subsection(3).
12.(1)A Tribunal shall consist ofa minimum of three
members,one ofwhom shall be the Chairperson.
(2) The Commission shall, through a competitive process,appoint the Chairperson and members ofa Tribunal.
(3) The members of the Tribunal appointed under this section shall elect a Vice-Chairperson from amongst themselves and the Chairperson and the Vice-Chairperson shall not be of the same gender.
(4)Theprovisions of the Judicial Service Act relating to appointment,discipline and removal ofjudicial officers shall apply with necessary modifications to members of a
Tribunal.
13.(l) A person shall be qualified for appointment as
the Chairperson of a Tribunal if thatperson-
(a) is a citizen of Kenya;
(b) is an advocate of the High Court of Kenya;
(c)has not less than ten years'post-qualification experience;and
(d)meets the requirements of Chapter Six of the
Constitution.
(2)A person shall be qualified for appointment as a member of a Tribunal if thatperson-
(a) is a citizen of Kenya;
(b) holds a degree from a university recognized in Kenya;

Appointmentof Chairpersons and

membersofa Tribunal.

Cap.8A.

Qualificationsfor Chairperson and

appointment as members ofa Tribunal.

(c)has knowledge and experience of not less than five
years in the respective field;and
(d)meets the requirements of Chapter Six of the
Constitution.
14.A person shall not be qualified for appointment as Disqualifications. a Chairperson or a member of a Tribunal if the person
(a) is ofunsound mind;
(b) is an undischarged bankrupt;
(c) is convicted of an offence and is sentenced to a
term ofimprisonmentforaperiodofsixmonths or more;
(d) is an employee of a government agency whose decisions are a subject of appeal in the respective
Tribunal;or
(e) has been removed from any office for gross violation of the Constitution or any other written law.
15.(1) A Chairperson or a member of a Tribunal shall hold office for a term of fiveyears and shall be eligible for re-appointment for one further term offiveyears.
(2) The Commission shall appoint members at different times to ensure continuity in the affairs of the Tribunal.
(3) A Chairperson or a member of a Tribunal shall serve on full or part time basis as determined by the
Commission.
(4)A Chairperson ormember of a Tribunal serving on
a full-time basis shall not hold any otherpublic office.
16.(1) The office of the Chairperson or member of a Tribunal shall becomevacant if theholder
(a) dies;
(b) resigns from office by notice in writing addressed to the Commission;
(c) is convicted of an offence and is sentenced to a term ofimprisonmentforaperiodof sixmonths or more;

Tenureof membersofa Tribunal.

Vacancyin the office of Chairperson or memberofa

Tribunal

(d)completes their term of office;
(e) in the case of a member,is absent from three consecutive meetings of the Tribunal without the permission of the Chairperson of the Tribunal and in the case of the Chairperson,is absent from three consecutive meetings of the Tribunal without the
permission of the Chief Registrar;or
(f) is removed from office on any of the following
grounds
(i)grossviolation of the Constitution or any other
written law;
(ii) gross misconduct or misbehaviour;
(iii) inability to perform functions of the office
arising outofphysical ormental infirmity;
(iv) incompetence or neglect of duty;or
(v)bankruptcy.
(2) The Commission shall fill any vacancy under this
section within three months of thevacancy arising.
17.Subject to this Act or any other law,a Tribunal General principles.
seized ofamatter shall-
(a) conduct its proceedings with minimum formality;
(b)hear and determine thematterexpeditiously;
(c)not be bound by the rules of evidence and
procedure;
(d) encourage mediation,arbitration and other forms ofalternativedisputeresolution;
(e) ensure the investigation of fact,if the Tribunal is of the opinion that such investigation is necessary
for the ends of justice;and
(f)act according to equity,good conscience and the substantial merits of the case without undue regard to legal technicalities.
18.(1) The Chairperson shall be responsible for
(a) ensuring the orderly and expeditious discharge of the mandate of the Tribunal;and

Arrangementof businessofa Tribunal.

(b) constituting any panel to hear any matter before the Tribunal.
(2)Notwithstanding the provisions of subsection (1), parties to appear before the Tribunal with as little
theTribunal shall determine theplace atwhich apanelmay sit with a view to securing a reasonable opportunity for inconvenience and expense as ispracticable.
19.(l) The quorum of a Tribunal shall be three members.
(2) The Chairperson shall preside at all sittings of a Tribunal at which the Chairperson shall be present and in the absence of the Chairperson,the Vice-Chairperson shall preside and in the absence of the Vice-Chairperson, the
membersshall nominate oneof their own topreside.
3) Notwithstanding any other provision of this Act,the
Chairperson of a Tribunal or a Vice- Chairperson acting alone shall have jurisdiction to deal with interlocutory matters.
20.The Chairperson and members of a Tribunal shall be paid such salaries, allowances and benefits as the Commission shall,in consultation with the Salaries and Remuneration Commission,determine.
21.(1) A Tribunal may seek technical advice from persons whose specialized knowledge or experience may assist the Tribunal in itsproceedings.
(2)A person whose advice is sought under subsection (1) shall disclose any interest they may have in the matter before the Tribunal or any subsequent interest acquired relating to thematter in question.
(3) Any person who gives technical advice to the Tribunal in accordance with this section shall be paid such
allowance asmaybe determinedby the Commission.
22.(1) Except as provided by law,every Tribunal
shall have jurisdiction to hear and determine any matter provided under thelaw establishing the Tribunal.
(2)The jurisdiction of a Tribunal shall not include the trial of any criminal offence except as provided for under section26 of thisAct.

Quorum ofa

Tribunal.

Remuneration of members ofa Tribunal.

Power to seek technical advice.

Jurisdiction of

Tribunals.

(3)A Tribunal shall have power to grant equitable
reliefincludinginjunctions,penalties,damages and specific performance.
(4) A Tribunal may in appropriate cases hear and
determine a complaint before it arisingunderArticle 47(3) of the Constitution,the Fair Administrative Action Act or anyotherwritten law.
(5)Despite subsection (1),disputes governed by disputesettlement mechanisms under international instruments towhich Kenya is apartymay onlybe settled
under such instruments.
23.Any person who is aggrieved by a decision of a
Tribunal from which no appeal has been preferred,may apply for a review of the decision to the Tribunal which made the decision,and the Tribunal may make such order thereon as it thinks fit.
24.A Tribunal may, on application by a decreeholder,order execution of the decree in the manner
providedforin the Civil ProcedureAct.
25.(1) Where a Tribunal awards costs in any matter,it shall,on application by the person to whom the costs are awarded,issue to him a certificate stating the amount of
costs.
(2) Every certificate issued under subsection (1) shall be deemed to be a decree and maybe executed as such:

Government shall not be enforced save in the manner

providedforby theGovernmentProceedingsAct.

26.It shall be an offence for any person to engage in acts or make omissions amounting to contempt of the Tribunal and the Tribunal may punish such person for contempt in accordancewith theprovisions of thisAct.
27.(1) A person aggrieved by a decision of a Tribunal may appeal to the High Court or Court of equal status,as the case may be,within thirty days from the date of such decision.
(2) The Court in subsection (1) shall within one year

Cap.7L.

Powertoreview own decision.

Enforcementof decisions. Cap.21.

Award of costs.

Cap.40.

Contempt.

Appeals.

under this section and the decision of the Court shall be

final.

28.Every Tribunal shall determine any matter filed before itwithin six monthsof filing except where an Act establishing a Tribunal providesa shorter period.
29.(1) A Tribunal may,for sufficient cause shown, extend the time prescribed for doing any act or taking any proceedings before the Tribunal upon such terms and conditions,if any,asmay appear just and expedient.
(2) The Commission may,by notice in the Gazette,
thisAct by a period not exceeding thirty days.
30.(l) The expenses of Tribunals shall be a charge on
the JudiciaryFund.
(2)At least threemonthsbefore thecommencementof each financial year,the Registrar shall prepare estimates of allexpenditurerequired for purposesof thisActfor the next financialyear,and submit them to the Chief Registrar for inclusionin the annual estimates of theJudiciary.
(3) The Chief Registrar shall allocate adequate resources to facilitate the effective discharge of the
functions of Tribunals.
31.The Chief Registrar may in accordance with the Public Finance Management Act,open bank accounts on behalf of Tribunals and shall,as the accounting officer,be responsible for the proper managementof the finances of
Tribunals.
32.(1) At the end of each financial year,the Chief Registrar shall prepare and submit an annual report on the activities ofTribunals to the Commission.
(2)The annual report shall contain-
(a) the financial statements of Tribunals;
(b)a description of the activities and outcomes of
functioning of the Tribunals;and
(c) any other information that the Commission may
considerrelevant.
(3)The Commission shall ensure that the report submitted under subsection(1) is consolidated in the report

determination of

Period for matters.

Extension of time.

Fundsof Tribunals.

Bank accounts. Cap.412A.

Annual report.

that the Commission submits to Parliament under section 38of theJudicialServiceAct.

PARTIII-GENERALPROVISIONS

33.A Chairperson or member of a Tribunal shall on appointment,subscribe to the oath or affirmation contained
in the FirstSchedule.
34.Nothing done by a member ofa Tribunal or by any person working under the instructions of the Commission or a Tribunal,shall if done in good faith for thepurpose of executing the powers, functions or duties of the Commission or Tribunalunder the Constitution,this Act or any other relevant law,render such member or officer personally liable for any action,claim or demand.
35.(1) The Chairperson or a member of a Tribunal who has a direct or indirect personal interest in a matter being considered or to be considered by the Tribunal shall, as soon as reasonably practicable after the relevant facts concerning the matter have come to their knowledge, disclose the nature ofsuch interest.
(2)A disclosure ofinterest made under subsection (1) shall be recorded in the minutes of the meeting and the Chairperson or member of the Tribunal shall not take part in the consideration or discussion on or vote during any deliberations on the matter.
(3)A member ofthe Tribunal shall recuse themselves from proceedings before the Tribunal in which they have apparent orperceived conflict of interest.
(4)Aperson who fails to make therequisite disclosure
under this section commits an offence.
36.(l)A member or staff of a Tribunal shall not without theconsentin writinggiven by,oronbehalf of,the Registrar,publish or disclose to any person otherwise than in the course of the person's duties the contents of any document,communication orinformation which relates to, and which has come to the person's knowledge in the course of the person's duties under this Act.
(2) The limitation on disclosure referred to under subsection (l) shall not be construed to prevent the disclosure of criminal activity by a member or staff of a Tribunal.

Cap.8A.

Oathor affirmation of office.

Protection from personal liability.

Conflictof interest.

Confidentiality.

37.A person responsible for a matter in question before a Tribunal shall co-operate with the Tribunal and
shall in particular-
(a) respond to any inquiry made by the Tribunal;and
(b)provide any other information that the Tribunal may require in the performance of its functions under the Constitution,this Act or any other written law.
38.(1) The common seal ofa Tribunal shall bekeptin such custody as the Tribunal shall direct and shall not be
usedexcept on the order of theTribunal.
(2) The common seal of the Tribunal shall, when affixed toa document and duly authenticated,bejudicially and officially noticed and unless and until the contrary is proved, any necessary order or authorization of the Tribunal under this section shall be presumed to have been duly given.
39.(1) A person who-
(a) obstructs,hinders or threatens a member,officer, employee or agent of a Tribunal acting under this Act;
(b) disregards an order ofa Tribunal;
(c) submits false or misleading information toa
Tribunal;or
(d) makes a false representation to,or knowingly
misleadsa member,officer,employee or agent of a Tribunal acting under this Act,

commits an offence and shall be liable on conviction, to a fine ofnot less than two hundred thousand shillings or to imprisonmentfor a term ofnot less than oneyear,or to both such fine and imprisonment.

(2) Any person who commits an offence under this Act for which no other penalty is provided,shall be liable on conviction to a fine notexceeding two hundred and fifty thousand shillings or to imprisonment for a term not exceeding six months,orboth.

2. 40.Where the provisions of any Act under which a Tribunal is established conflicts with this Act,the provisions ofthis Act shall prevail.

Duty to cooperate.

Common seal.

Offences.

Conflict of laws.

PARTIV-PROVISIONSONDELEGATED POWERS

41.(1) The Chief Justice may make regulations for the
better carrying into effect of theprovisionsof thisAct.
(2) The regulations made under this Act may provide
for-
(a)rationalization,clusteringor classification of Tribunals,including categorization of Tribunals n terms of specialization;
(b) decentralization of services of Tribunals,including
their sitting anywhere in the country;
(c) terms and conditions of service of staff of
Tribunals;
(d)aframeworkforharmonizationof standard procedures and rules for Tribunals;
(e) enhancement of access to justice and expeditious disposal of disputes includingthe useof
technology;
(f)alternative dispute resolution mechanisms;
(g) the conduct of investigations;
(h) mechanisms that mandate the courts to refer cases to a Tribunal at initial stages if the Tribunal has jurisdiction to entertain a certain matter and vice versa;
(i)reporting modalities made in consultation with the National Council for Law Reporting and ensuring
accessibility of those reports to the public;
(j)appointment and procedures of ad hocpanels of
experts;and
(k)standardsof trainingformembersofTribunals.
(3)The provisions of any regulations made under this Actmay-
(a) apply generally or be limited in its application;
(b) apply differently according to different kinds and
status of Tribunals;

Regulations.

(c)authorize anymatter or thing to be done from time
to time;or
(d) do any combination of paragraphs (a),(b) and (c).
42.The Chief Justice may make rules to govern the Rules. procedures of Tribunals generally.
(2) Subject to subsection (1),each Tribunal may make rules to govern itsprocedures in the following areas-
(a) filing of cases;
(b) the standards for minimum filing fees and other feespro-rated in accordance with the value of the subject matter;
(c)principles governing hearings;
(d)parties;
(e)representation;
(f) costs;
(g)appeals;
(h) power to cure irregularities;
(i)correction of mistakes;
(j)review of Tribunal decisions;
(k) authorizing someone to take evidence;
(l) enforcement of decisions and orders;
(m)accessibility ofevidence;and
(n) any other relevant area.

PARTV-SAVINGAND TRANSITIONAL

PROVISIONS

43.A person who, immediatelybeforethe commencement of this Act was a Chairperson or a member ofa Tribunal, shall remain in office for their unexpired term.
44.The Chief Justice may make Rules on the procedure to be followed with regard to pending cases or proceedings before Tribunals.

Tenure of membersof Tribunals.

Pending cases.

45.(1) Subject to subsection (2),the Commission shall withinaperiodofeighteen monthsfromthe commencement of this Act,employ staff to Tribunals from amongst personswho, immediately before the commencement of this Act were public officers serving in Tribunals.
(2) Before employing a person to whom subsections
(1)or(3) apply,the Commission may-
(a)require such person to make an application for
employment or appointment to the Commission; and
(b)using the criteria prescribed by the Commission, determine the suitability of the person to ensure that the person is fit and proper to serve in the position applied for.
(3)Notwithstanding subsection (1),the public officers shall upon the commencement of this Act,be given an option to elect whether to serve in the Judiciary or to be redeployed to their respective ministries,departments or agencies.
46.The Commission may,where applicable,within a period ofeighteen monthsfrom the date ofcommencement of this Act,with respect to existing Tribunals
(a) conduct an assessment of assets and liabilities of
Tribunals;
(b) in consultation with the relevant ministries, departments or agencies, dispose of the assets not required by the Tribunals in accordance with the lawrelating to procurement and disposal ofpublic assets;and
(c)require all ministries, departments or agencies to liquidate all debtsof the Tribunals.
47.Subject to section 40,any law establishing a
Tribunal in force on or immediately before the commencement of this Act shall be construed with the alterations,adaptations,qualifications and exceptions necessary to bring it into conformity with this Act.
48.The Acts specified in the Second Schedule are amended in the manner specified in that Schedule.

Staff.

Disposal of assets.

Existing laws.

Consequential amendments.

FIRSTSCHEDULEIS.33] OATH/AFFIRMATIONOFOFFICESFORCHAIRPERSONAND

MEMBERSOFTRIBUNALS

having been appointed (the Chairperson/Member) to the Tribunal do swear/ solemnly affirm that I will at all times obey,respect and uphold the Constitution ofKenya and all other laws of the Republic; thatI will faithfully,fully andimpartially andto thebestofmyknowledge and ability,discharge the trust,perform the functions and exercise the powers devolving upon me by virtue of this appointment without fear, favour,bias,affection,or prejudice.(SO,HELP ME GOD).

Sworn/Declaredby the said

Before me this

dayof

CHIEF JUSTICE

SECONDSCHEDULE[S.48]

CONSEQUENTIALAMENDMENTS

1.Section 2 of the Rent Restriction Act is amended by inserting the following new definition in proper alphabetical sequence-

"Commission" means the Judicial Service Commission established by Article 171 of the Constitution.

2.The Rent Restriction Act is amended by deleting section 4 and substituting therefor the following new
subsection--
4.(1) There is established a Tribunal to be known as the Rent Tribunal which shall be a subordinate courtpursuant to Article169(1)(d) of the Constitution.
(2)The Tribunal shall consist of the bythe
following members appointed Commission-
(a) a Chairperson who shall be an advocate of
the High Court of Kenya with not less thanten years' post-qualification experience;and
(b) not less than three other persons who shall be persons who possess a degree from a university recognized in Kenya and at least five years' experience in a relevant
field.
(3) The Commission shall deploy a Deputy Registrar and such staff as may be necessary for the proper discharge of the functions of the Tribunal under this Act.
(4) The Chairman may establish panels of the Tribunal as he or she considers appropriate.
(5) The quorum of the Tribunal shall be three preside at all sittings of the Tribunal at which the
members provided that the Chairperson shall Chairperson shall be present and in the absence of the Chairperson,the Deputy-Chairperson shall preside and in the absence of the Deputy-

Amendment of

section2 ofCap. 296.

Repealand replacementof section4of Cap. 296.

Chairperson,the members shall nominate one of their own topreside.
(6) Any matter considered bya Tribunal shall be decided by the votes of the majority of the persons constituting the Tribunal and voting,and
the person presiding shall have a casting vote.
(7)Notwithstanding any other provision of
this Act, the Chairperson of a Tribunal acting alone shall have jurisdiction to deal with all interlocutory applications which arenot of such a nature as to affect a decision in any matter which is in issue between parties.
(8)The office of the Chairperson or member
ofaTribunal shall becomevacant if theholder
(a) dies;
(b)resigns from office by notice in writing
addressed to the Commission;
(c)isconvictedofan offence andis sentenced to a term ofimprisonment fora period of sixmonths or more;
(d) completes their term of office;
(e)in the case of a member is absent from threeconsecutivemeetingsofthe Tribunal without the permission of the Chairman of the Tribunal and in the case of the Chairman is absent from three consecutive meetings of the Tribunal without the permission of the Chief Registrar;or
(f) is removed from office on any of the followinggrounds-
(i) grossviolation of the Constitution or any other written law;
(ii)
gross misconduct or misbehaviour;
(iii) inability to perform functions of the office arising out of physical or mental infirmity;

(iv) incompetence or neglect of duty;or
(v)bankruptcy.
3.Section 5 of the Rent Restriction Act is amended in subsection (2)bydeleting the words "appoint and employ valuers,inspectors,clerks and other staffand substituting therefor the words"engage registered valuers and rent inspectors on such terms and conditions as the Tribunal may,with the approval of the Commission, determine"
4.The Rent Restriction Act is amended by deleting section 31 and substituting therefor the following new
section-
31.A Tribunal may,on application by a decree-
holder,order execution of the decree in the manner provided for in the Civil ProcedureAct.
5.Section 32 of the Rent Restriction Act is amended
by deleting the words"Chairperson of the""
6.Section 36of the Rent Restriction Act is amended by deleting subsection (2) and substituting therefor the followingnewsubsections
(2)Withoutprejudice to the generality of the powers
conferred by subsection (l),the regulations under that subsection may prescribe the fees to be paid in respect of anymatter or thing tobe done under thisAct.
(3)The Tribunal may make regulations prescribing-
(a)theprocedure of the Tribunal;and
(b)the circumstances and manner in which a tenant may,notwithstanding any contractual obligation, elect topay and pay to theTribunal rent due to his orher landlord,the manner in which rent so paid may be claimed from the Tribunal by the landlord or,if not so claimed,may be disposed of by the Tribunal,and the amountofcommission which the Tribunal mayretain out of rent so paid to it.
7.Section 2of the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act is amended by insertingthe following newdefinitionsinproper alphabetical sequence

Amendmentof section5ofCap. 296.

Repeal and replacement of section31 of Cap. 296.

Amendment of section 32ofCap. 296.

Amendment of

section36 of Cap. 296.

Amendment of section2of Cap 301.

"Cabinet Secretary"means the Cabinet Secretary responsible for matters relating to land;and

"Commission" means the Judicial Service Commission

established underArticle17lofthe Constitution.

8.The Landlord and Tenant (Shops,Hotels and Catering Establishments) Act is amended by deleting section 1l and substituting therefor the following new section-

Establishment of the

11. (1) There is established a Tribunal which shall be a subordinate court pursuant toArticle 169(1)(d) ofthe Constitution.

Tribunal.

(2) The Tribunal shall consist of the followingmembersa appointedbythe Commission--

2. (a)a Chairperson; 3. (b)not less than two persons who shall be persons who possess a degree from a university recognized in Kenya and at least five years experience in a relevant field. 4. (3)A person shall be qualified for appointment as the Chairperson of the Tribunal if that person- 5. (a) is an advocate of the High Court of Kenya;and 6. (b)has not less than ten years'postqualification experience. 7. (4) The Chairperson and members of the Tribunal shall be appointed fora term of fiveyearsandshall beeligiblefor reappointment for one further term of five years. 8. (5) The Chairperson and members of the Tribunal shall serve on full-time or parttime basis astheCommission may 9. determine.

replacement of section ll of Cap

Repealand 301.

(6) The members of the Tribunal shall elect aViceChairperson from among themselves,provided that the Chairperson and Vice Chairperson shall not be of the same gender.
(7) The quorum of the Tribunal shall be
three members.
(8) The Chairperson of the Tribunal shall preside at all sittings of the Tribunal at which the Chairperson shall be present and in the absence of the Chairperson,the Vice Chairperson shall preside and in the absence of the Vice- Chairperson,the members shall nominate one of their own to preside
(9)The Chairperson and members of and
the Tribunal shall be paid such remuneration and allowances as the Commission may,in consultation with the Salaries Remuneration Commission,determine.
(10) The Commission shall deploy a Deputy Registrar and such staff including valuers and inspectors as may be necessary for the proper discharge of the functions of the Tribunal under this Act.
(11) The expenses of the Tribunal shall be paid out of the Judiciary Fund.
9.Section 12 of the Landlord and Tenant (Shops,
Hotels and Catering Establishments) is amended
(a)in subsection (2),by deleting the words"or
entertain any criminal proceedings for any offence whether underthisActor otherwise"and substitutingthereforthewords"exceptin contempt proceedings";
(b) by deleting subsection (3) and substituting therefor
the following new subsection-
(3)Where a Tribunal has deployed a valuer, inspector,officer,or other person to inspect or view any premises,any report made in that behalf

Amendment of section12ofCap

301.

shall becommunicated to the landlord or tenant or both.

10.The Landlord and Tenant (Shops,Hotels and
Catering Establishments) is amended by deleting section 14andsubstituting therefor the followingnew section

Enforcement of 14.A Tribunal may,on application by orders. adecree-holder,order execution of the Cap.21. decree in the manner provided for in the Civil Procedure Act.

11.The Landlord and Tenant (Shops,Hotels and Catering Establishments)is amended by deleting section 16
and substituting therefor the followingnew section

Regulations. 16.(1) The Cabinet Secretarymay

of the provisions of thisAct.
make regulations for the better carrying out
(2)The Tribunal shall make regulations
prescribing the following
(a) the manner in which the Tribunal shall conduct its business;
(b) the procedure in connexion with any reference to the Tribunal,or the determination of any matter by the
Tribunal;
()matters which the Tribunal shall take into account in exercising its powers under this Act;
(d) the fees which shall be payable in respectof any matter or thing to be
done under this Act;and
(e) the scale and taxation of costs and expenses of witnesses in proceedings before the Tribunal.
12.Section 2 of the Standards Act is amended by insertingthefollowingnew definitioninproper alphabetical sequence

"Commission"means the Judicial Service Commission established under Article 17l of the Constitution.

Repealand replacement of section14ofCap 301.

Repealand replacementof section16ofCap 301.

Amendment of

section 2of Cap. 496.

13.The Standards Act is amended by deleting section 16A andsubstituting thereforthefollowingnewsection-
16A.(1) There is established a Tribunal to be known as the Standards Tribunal which shall bea subordinate court pursuant to Article 169(1)(d) of the Constitution.
(2) The Tribunal shall consist of the following members appointed by the Commission-
(a)a Chairperson who is an advocate of the High Court of Kenya with not less than ten years'post-qualification experience;
(b) one person who shall be a holder of a degree from a university recognised in Kenya and who shall have at least five yearsexperience in customs and excise; and
(c) three persons who shall be holders ofa degree from a university recognised in Kenya and who shall have at least five years'experience in standardisation.
(3) The Commission shall deploy a Deputy Registrar to the Tribunal.
(4)The Chairman and members of the shall be eligible for reappointment for one further
Tribunal shall serve for a term of fiveyears and termof fiveyears.
(5) The office of the Chairman or member of
the Tribunal shall becomevacant if theholder
(a) dies;
(b) resigns from office by notice in writing addressed to the Commission;
(c) is convicted of an offence and is sentenced toa termofimprisonmentforaperiod of
six months or more;
(d) completes their term of office;
(e) in the case of a member,is absent from
three consecutive meetings of the Tribunal

Repeal and replacement of section16Aof

Cap.496.

without the permission of the Chairperson of the Tribunal and in the case of the Chairperson, isabsent from three consecutive meetings of theTribunal without the permission of the Chief Registrar;or

(f)is removed from office on any of the
followinggrounds-
(i) gross violation of the Constitution or any other written law;
(ii) gross misconduct or misbehaviour;
(ii) inability to perform functions of the office arising out of physical ormental
infirmity;
(iv) incompetence or neglect of duty; or
(v)bankruptcy.
(6) The Commission shall fill any vacancy under this section within three months of the
vacancy arising.
14.The Standards Act is amended by deleting section 16B and substituting therefor thefollowingnew section-

Remuneration and allowances of members of the Tribunal.

16B.The Chairperson and members of the Tribunal shall be paid such salaries, allowances and benefits as the Commission shall, in consultation with the Salaries and Remuneration Commission,determine.

15.Section 16H of the Standards Act is amended in subsection(1) by deleting the word "Cabinet Secretary"and
substituting therefor the words"Chief Justice."
16.Section 20(2) of the Standards Act is amended by deleting paragraph (d).
17.Section 2 of the Seeds and Plant Varieties Act is amended by inserting the followingnew definition in proper
alphabetical sequence-

"Commission"means the Judicial Service Commission

established by Article 171 of the Constitution;

Repeal and replacement of section 16Bof Cap.496.

Amendment of section 16Hof Cap.496.

Amendment of section 20 ofs. 496.

Amendment of section 2 of Cap. 326.

18.Section 28 of the Seeds and Plant Varieties Act is amended-
(a)in subsection (l),by inserting the words "which shall be a subordinate court pursuant to Article 169(1)(d) of the Constitutionimmediately after the word"Tribunal";
(b) in subsection (2),by deleting the word "Cabinet Secretary"and substituting therefor the words
"Chief Justice"
19.Section 29 of the Seeds and PlantVarieties Act is amended
(a)by deleting subsection(lA)and substituting
therefor the following new subsection-
(lA)Adulycertifiedcopyofany determination or order of the Tribunal shall be enforced as a decree of the court.
(b)by deleting subsection (1B).
20.The Seeds and Plant Varieties Act is amended by deleting the Sixth Schedule and substituting therefor the followingnew Schedule-

SIXTHSCHEDULE |s.28] SEEDSANDPLANTSTRIBUNALS

Composition.

1.(l) The Tribunal shall consist of the appointedbythe
following persons Commission-
(a)a Chairperson who shall be an
advocate of the High Court of Kenya with not less than ten years'postqualification experience;
(b) two other persons who possessa degree from a university recognised inKenya and have five years experience in agriculture, horticulture, forestryor specialized knowledge of particular species or groups of plants.

Amendment of section28of Cap.326.

Amendment of section29of Cap.326.

Repeal and replacementof theSixth Schedule of Cap. 326.

Panels.

Remuneration.

Quorum.

Procedure.

(2) The Chairperson and members of the Tribunal shall be appointed for a term of five years and shall be eligible for reappointment for one further term of five years.
(3) The Chairperson and members of the

3. Tribunal may at any time resign from office by notice in writing to the Commission.

(4) If the Commission is satisfied that the incapable of discharging his or her duties,the

5. Chairperson is unfit to continue in office or is Commission may revoke the appointment of the Chairperson. 6. 2.TheChairpersonmayestablish benches of the Tribunal as he or she deems appropriate. 7. 3.The Chairperson and members of the Tribunalshallbepaid such salaries, allowances and benefits as the Commission shall,in consultation with the Salaries and Remuneration Commission,determine. 8. 4.For the purposes of hearing and determining any cause or matter under this Act,the quorum of the Tribunal shall be three members:

Provided that where for any reason the Chairperson is absent, the Vice-Chairperson shall preside and in the absence of the ViceChairperson, the members shall nominate one of their own topreside.

5.(1) The Tribunal may order any party to the proceedings to pay to any other party either a specified sum in respect of the costs incurred by the second mentionedparty,orthe taxed amount of those costs,and any costs required to be taxed for that purpose shall be taxed in the same manner and on the same scale as costs in a subordinate court.
(2) The Chief Justice may make rules relating to the procedure and proceedings

before the Tribunal and in particular the rules

maymakeprovision as to the

(a) circumstances in which the Tribunal
need not,or shall not,sit in public;
(b) form of any decision of the Tribunal;
(c) time within which such proceedings
are to be instituted;
(d) evidence,and the form thereof,which may be required or admitted;
(e)examination of the parties and of witnesses;
(f)procedure for securing the attendance of witnesses and the production of
documents;and
(g) fees chargeable in respect of those proceedings.
21.Section 2 of the Insurance Act is amended by inserting the following new definition in proper alphabetical sequence-

"Commission"means the Judicial Service Commission established by Article 171 of the Constitution;

22.The Insurance Act is amended by deleting section
169 and substituting therefor the following new section-
169.(1) There is established a Tribunal which shall be a subordinate court pursuant to Article
169(1)(d) of the Constitution.
(2) The Tribunal shall consist of the following members appointed by the Commission
(a)a Chairperson,who shall be an advocate of the High Court of Kenya with not less than ten years'post-qualification experience; and
(b)not less than two and not more than four have five years' experience in the relevant
members who shall be holders of a degree from a university recognised in Kenya and field.

Amendment of section2ofCap 487.

Repeal and replacement of section169of Cap487.

(3) The members of the Tribunal appointed under this section shall elect a Vice-chairperson from amongst themselves and the Chairperson and the Vice-chairperson shall not be of the same gender.
(4) For thepurposes of hearing and determining any cause or matter under this Act,the quorum of the Tribunal shall be three members:

Provided that where for any reason the Chairperson is absent, the Vice-chairperson shall preside and in the absence of the Vice-chairperson, the members shall nominate one of their own to preside.

(5) The members of the Tribunal shall be paid such allowances as the Commission shall,in consultation with the Salaries and Remuneration

2. Commission,determine.

(6) The Chief Justice may make rules-

4. (a) prescribing the manner in which an appeal 5. shall be made to the Tribunal and the fees to be paid in respect of an appeal; 6. (b) prescribing the procedure to be adopted by the Tribunal in hearing an appeal and the records to be kept by the Tribunal; 7. (c)prescribing the manner in which the Tribunal shall be convened and the places where and the time at which sittings shall 8. be held; 9. (d) prescribing a scale of costs which may be awarded by the Tribunal;and 10. (e) generally, for the better carrying out of the provisions of this Act relating to the Tribunal and appeals thereto. 11. 23.Section 170 of the Insurance Act is amended in subsection (l) by deleting the words"of a Resident Magistrate's Court of the first class". 12. 24.Section 171 of the Insurance Act is amended in 13. subsection (2) by deleting the words "may be filed in the

Amendmentof

section170of Cap487.

Amendmentof section171of

Cap487.

court by the person in whose favour the costs have been awarded and,upon being so filed"

25.Section 2 of the State Corporations Act is amended by inserting the following new definition in proper alphabetical sequence

"Commissionmeans the Judicial Service Commission established under Article 17l of the Constitution;

26.The State Corporations Act is amended by deleting section 22 and substituting therefor the following new section-—
22.(l) There is established a Tribunal to be known as the State Corporations Appeal Tribunal which shall be a subordinate court pursuant to
Article169(1)(d)of the Constitution.
(2) The Tribunal is established for the purposes of hearing and determining appeals under this Act.
(3) The Tribunal shall consist of the following persons appointed by the Commission-
(a)a Chairperson who shall be an advocate of the High Court ofKenya with not less than ten years'post-qualification experience;
(b) an advocate of the High Court of not less than five years'standing;and
(c)a person who has a degree from a university recognised in Kenya and has practised as an accountantfor a period ofnot less than five years.
(4)The Commission shall deploy a Deputy
Registrar to the Tribunal.
(5) The quorum of the Tribunal shall be three
members.
(6)The Chairperson and members of the Tribunal shall be appointed for a term of five years and shall be eligible for reappointment for one further term of five years.
(7) The Commission shall deploy such staff to
the Tribunal as may be necessary for the proper

Amendment of

section2of Cap. 446.

Repeal and replacement of section22of Cap.446.

discharge of the functions of the Tribunal under this Act.
(8)The Chairperson and members of the Tribunal shall be paid such salaries, allowances and benefits as the Commission shall,in consultation with the Salaries and Remuneration Commission,determine.
(9) The expenses of the Tribunal shall be a
charge on the Judiciary Fund.
(10) The Chairperson and members of the Tribunal shall not be personally liable for any act or default of the Tribunal done or committed in good faith in the course of exercising the powers conferred by this Act.
27.Section 2 of the Capital Markets Act is amended by inserting the following new definition in proper alphabetical sequence-
"Commission" meanstheJudicial Service Commission established under Article171of the Constitution.
28.Section 35A of the Capital Markets Act is amended-
(a) by deleting subsection (l) and substituting therefor
the following new subsection-
(1) There is established a Tribunal to be known
as the Capital Markets Tribunal which shall be a subordinate court pursuant to Article 169(1)(d) of the Constitution and shall consist of the following members appointed by the Commission
(a)a Chairperson who shall be an advocate of the High Court of Kenya of not less than
ten years standing;
(b) one lawyer having at least five years experience in the commercial and corporate
sector;
(c)an accountant who shall have been in practice for a period of not less five years; and

Amendmentof

section2ofCap 485A.

Amendmentof section 35Aof Cap485A.

(d) two persons who are holders of a relevant degree from a university recognized in Kenya and five years' experience in the field of securities.
(b) by deleting subsection (2) and substituting therefor the followingnew subsection-
(2)The Chairperson and members of the Tribunal shall be appointed for a term of fiveyears and shall be eligible for re-appointment for one further term of fiveyears.
(c)by inserting the following new subsections immediately after subsection (2)
(2A) The members of the Tribunal shall elect a
Vice-chairperson fromamong themselves, providedthatthe Chairperson and Vicechairperson shall not be of the same gender.
(2B) The Commission shall deploy a Deputy Registrar and such other staff as may be necessary for the performance of the functions of the
Tribunal under this Act.
(d) in subsection (3),by deleting the word "three"in paragraph (a) and substituting therefor the word "five";
(e) in subsection (3) (c) by deleting the word "Cabinet Secretary"and substituting therefor theword
"Commission";
(f)by deletingsubsection (14)and substituting
therefor the followingnew subsection-
(14) The quorum of the Tribunal shall be three members:

Provided thatwhere for any reason the Chairperson is absent, the Vice-chairperson shall preside and in the absence of the Vice-chairperson, the members shall nominate one of their own topreside.

(g)by deleting subsection (20) and substituting therefor the followingnew subsection

(20) Every certificate issued under subsection (19) shall be deemed to be a decree of the Tribunal and may be executed as such.

2. (h)by deleting subsection(25)andsubstituting 3. therefor the followingnew subsection-

(25) There shall be paid to the Chairperson and the members of the Tribunal, such remuneration and allowances as the Commission may,in consultation with the Salaries and Remuneration

5. Commission,determine. 6. (i)in subsection (26),by deleting the words"general fund of the Authority"and substituting therefore the words"Judiciary Fund" 7. 29.Section 2 of the Retirement Benefits Act is 8. amended by inserting the following new definition in proper alphabetical sequence

"Commission"means the Judicial Service Commission established under Article 17l of the

Constitution.

30.The Retirement Benefits Act is amended by deleting section 47 and substituting therefor the following
new section-
47.(l) There is established a Tribunal to be known as the Appeals Tribunal which shall be a
subordinatecourt pursuant toArticle169(1)(d)of the Constitution.
(2) The Tribunal shall consist of the following
members appointed by the Commission-
(a) Chairperson who shall be an advocate of the High Court of Kenya with not less than ten yearspost-qualification experience; and
(b) four persons who are holders of a degree have at least five yearsexperience in the
from a university recognized in Kenya and relevant field.
(3) The members of the Tribunal shall elect a
Vice-chairperson from among themselves and the

Amendmentof section 2of Cap.

197.

replacement of section47of

Repealand Cap.197.

Chairperson and the Vice-chairperson shall not be of the same gender.

(4)The Chairperson and members shall hold office for a period of five years and shall be eligible forre-appointmentfor one further term of five years.
(5) For the purposes ofhearing and determining
any cause or matter under this Act, the quorum of the Tribunal shall be three members:

Provided that where for any reason the the members shall nominate one of their own to

Chairperson is absent, the Vice-chairperson shall preside and in the absence of the Vice-chairperson, preside.

(6)Subject to subsection(5),all matters before the Tribunal shall,in the event of a difference of opinion,be decided by thevotes of the majority of the members thereof.
31.Section 51 of the Retirement Benefits Act is
filed in the High Court by the person in whose favour the costs have been awarded and upon being so filed.
32.Section 2 of the Co-operatives Societies Act is amended byinserting the followingnewdefinitioninproper
alphabetical sequence-

means the Judicial Service Commission established under Article 17l of the

"Commission" Constitution;

33.The Co-operatives Societies Act is amended by deleting section 77 and substituting therefor the following
new section-
77.(1) There is established a Tribunal to be known as the Co-operative Tribunal which shall consist of the followingmembers appointed by the
Commission--
(a)a Chairperson who shall be an advocate of the High Court of Kenya with not less than
ten years'post qualification experience;

Amendment of section51of Cap.197.

Amendment of

section2ofCap. 490.

Repeal and replacement of section77of Cap.496.

(b) three persons who are holders of a law degree from a university recognized in Kenya and have at least five years' experience in co-operative law or
management;and
(c) three persons who are holders of a degree
from a university recognized in Kenya and have at least five years' experience in cooperative management and practice.
(2) The Tribunal shall be a subordinate court pursuant to Article 169(1)(d) of the Constitution.
(3) The Chairperson and members of the Tribunal shall hold office for a term of five years and shall be eligible for re-appointment for one further term of five years.
(4) The office of the Chairperson or member of
the Tribunal shall become vacant if the holder
(a) dies;
(b)resigns from office by notice in writing addressed to the Commission;
(c) is convicted of an offence and is sentenced to a term of imprisonment for a period of six months or more;
(d) completes their term ofoffice;
(e) in the case of a member,is absent from three consecutive meetings of the Tribunal without the permission of the Chairperson of the Tribunal and in the case of the Chairperson, isabsentfromthree consecutive meetings of the Tribunal without the permission of the Chief
Registrar,or
(f) is removed from office on any of the followinggrounds-
(i) gross violation of the Constitution or
any otherwritten law;
(ii) gross misconduct ormisbehaviour;

(iii) inability to perform functions of the office arising out of physical or mental
infirmity;
(iv) incompetence or neglect of duty;or
(v)bankruptcy.
(5) The Commission shall fill any vacancy under this section within three months of the vacancy arising.
34.Section 80 of the Co-operatives Societies Act is
amended-
(a) by deleting subsection (l) and substituting therefor the following new subsection-
(1) For the purposes of hearing and determining any cause or matter under this Act, the quorum of
the Tribunal shall be three members:

Provided that where for any reason the Chairperson is absent, the Vice-chairperson shall preside and in the absence of the Vicechairperson, the members shall nominate one of their own to preside;

(b) in subsection (3),by deleting the proviso;
(c)in subsection (4), by inserting the expression "or the Deputy-Chairman"immediately after the word
"Chairman".
35.Section 84 of the Co-operatives Societies Act is amended by deleting the words "Cabinet Secretary shall" and substituting therefor the words "Commission shall in consultationwith theSalaries and Remuneration Commission,"
36.The Co-operatives Societies Act is amended by deleting section 85 and substituting therefor the following
new section-

Appointment of Deputy Registrar.

85.(l) The Commission shall deploy a Deputy Registrar to the Tribunal.
(2) A person shall be qualified for appointment as a Deputy Registrar if the person-

Amendmentof section80of

Cap.496.

Amendment of section84of Cap.496.

Amendmentof section85of

Cap.496.

(a)holds a degree in law from university recognised in Kenya;
a
five years post
(b)hasatleast qualification experience;and
()satisfies the requirements of Chapter Six of the Constitution.
Repealand Kenya Information and setion102ofCapCommunicationsAct is amended by deleting replacement of 411A. section 102 and substituting therefor the
37.The followingnew section
102.(l) There is established a Tribunaltobe known as the Communications and Multimedia Appeals Tribunal which shall be a subordinate court pursuant to Article 169(1)(d)of the Constitution.
(2) The Tribunal shall consist of
not more than seven members appointed by the Judicial Service Commission,as follows
(a)a Chairperson who shall be an years' post qualification
advocate of the High Court of Kenya with not less than ten experience;
(b)at least four persons who are holders of a degree from a university recognized in Kenya with at least fiveyears' experience in media, telecommunications, postal, courier systems, radio communications,information technology,business practice or finance,and who are not in the employment ofthe Government, the Media
Council or the Authority.
(3) The members shall elect a Vice Chairperson from among

themselves, provided that the Chairperson and Vice Chairperson shall not be of the same gender.

(4)When appointing the members of the Tribunal, the Judicial Service
Commission shall-
(a) ensure that the nominees to the Tribunal reflectthe interests of all sections of the society;
(b)ensure equal opportunities for persons with disabilities and other marginalized groups; and
(c)ensure that notmore than twothirds of the members shall be of the same gender.
(5) The Chairperson and members of the Tribunal shall hold office for a term of five years and shall be eligible for reappointment for one further term of fiveyears.
(6)The office of the Chairperson ormember of a Tribunal shall become vacant if the holder-
(a) dies;
(b) resigns from office by notice in writing addressed to the Judicial Service Commission;
(c)is convicted of an offence and imprisonment foraperiodof
is sentenced to a term of six months or more;
(d) completes their term of office;
(e) in the case of a member,is absent from three consecutive
meetings of the Tribunal without the permission of the

Amendmentof section 102Cof Cap.411A.

Chairperson of the Tribunal andinthecase of the Chairperson, is absent from three consecutive meetings of the Tribunal without the permission ofthe Chief

Registrar;or

(f) is removed from office on any ofthe following grounds-
gross violation of the Constitution or any other written law;
ii) gross misconduct
or misbehaviour;
(ii) inability to perform functions of the office arising out ofphysical or
mental infirmity;
(iv)
incompetence or neglect of duty;or
(v)bankruptcy.
(7) The Judicial Service Commission shall fill any vacancy under this section within three months of the vacancy arising.
38.Section102C (3)of the Kenya Information and Communications Act is amended by deleting subsection (3) and substitutingt therefor the following new subsection-—
(3) For purposes of hearing and determining any cause or matter under this Act or the Media Council Act, the quorum of the Tribunal shall be three members:

Provided that where for any reason

the Chairperson is absent, the Vice Chairperson shall preside and in the Amendmentof 411A.

absence of the Vice Chairperson, the members shall nominate one of their own to preside.
39.Section 1021 ofthe Kenya Communications Act is amended by deleting the words "Salaries and Remuneration Commission may determine" and substituting therefor the words "Judicial Service Commission shall, in consultation withthe Salaries and Remuneration Commission,determine."

Amendment of the

SecondSchedule of Cap.411A.

40.The Second Schedule to the Kenya
Information and Communications Act is amended-
(a) in paragraph 2,by deleting the word "Cabinet Secretary"and substituting therefor the word "Judicial Service Commission";
(b) in paragraph by deleting subparagraph (1) and substituting therefor the following new subparagraph-
(1) The office of the Chairperson or a member shall become vacant if the Chairperson or member is appointed to the Board or the Commission.;
(c)in paragraph 3(2) by deleting the word "Cabinet Secretary and substituting therefor the word "Judicial Service Commission";
(d) by deletingparagraph 4 and substituting therefor the following new paragraph
4.The Chairperson or a member ofa Tribunal who has a direct or indirect personal interest in a matter being considered or to be considered
by the Tribunal shall as soon as reasonablypracticable after the

Amendmentof relevant facts concerning the matter have come to their knowledge, disclose the nature of such interest.

paragraph 5 and substituting therefor the following
(e) bydeleting newparagraph
Judicial Service Commission shall fill any vacancy under this section within three

5. The months of the vacancy arising.

section125ofCap 387.

41.Section 125 of the Environmental Management and Coordination
Actis amended--
(1) and substituting therefor the following
(a)bydeletingsubsection new subsection-
(1)Thereisestablisheda Tribunal to beknown as theNational Environment Tribunal which shall consist of the following members appointed by the Judicial Service
Commission-
(a)a Chairperson, who shall be an advocate of the High Court ofKenya with not less than ten years'postqualification experience;
(b)an advocate of the High Court of Kenya nominated by the Law Society ofKenya;
(c) an advocate of the High Court of Kenya with not less than five years experience in environmental law;and
(d) threepersons who have a degree from a university recognized in Kenya and not less than five years'experience in environmental matters,including but not limited to land,energy,mining, water,forestry,wildlife and maritime affairs.

(b) in subsection (2),by deleting the words "issuedby theCabinet Secretary";
(c)in subsection (4) by deleting the word "three" inparagraph and
substituting therefor theword "five";
(d) in subsection (4)by deleting the
words "Cabinet Secretary" in paragraph(c) andsubstituting therefor the word"Judicial Service Commission";
(e)bydeletingsubsection (5)and substituting therefor the following new subsection-—
(5)The members of the Tribunal shall elect a Vice Chairperson to the
Tribunal from amongst the members.

42.Section 134 of the Environmental 387. and Coordination Actis

Amendmentof amended-

(a) in subsection (1),by deleting the words"CabinetSecretary and substitutingtherefor the word "Judicial Service Commission";
(b) in subsection (2),by deleting the words"monies voted by Parliament for that purpose"and substituting therefor the words "the Judiciary Fund".

Amendment of 43.The Environmental Management and 387.

Deputy Registrar of the Tribunal.

section 135 and substituting therefor the followingnew section-
135.The Judicial Service Commission shall deploy a Deputy Registrar to the Tribunal for the performance of its functions

under this Act.

44.The Environmental Management and Coordination
Act is amended byrepealing section 136.

Repeal of section

136of Cap.387.

45.Section 2 of the Industrial Property Act is amended by inserting the following new definition in proper alphabetical sequence-

"Commission"means the Judicial Service Commission established by Article 171 of the

Constitution;

46.The Industrial PropertyAct is amended by deleting section 1i3 and substituting therefor the following new
section-—

113. (l) There is established a Tribunal to be known as the Industrial Property Tribunal which shall be a subordinate court pursuant to Article 169(1)(d)of the Constitution."

(2) The Tribunal shall consist of the following members appointed by the Commission-
(a) a Chairperson who shall be an advocate of the High Court of Kenya with not less than ten years'post-qualification experience;
and
(b) two advocates of the High Court of Kenya who shall have at least five years' post qualification experience; and
(c) two other persons who are holders of a experience in industrial, scientific and
degree from a university recognized in Kenya and have at least five years technological fields.
(3) The Commission shall deploy a Deputy Registrar and such staff as are necessary for the performance of the functions of the Tribunal under
this Act.
(4) The Chairman and members of the Tribunal shall hold office for a term of five years and shall be eligible for reappointment for one further term of five years.
(5) The office of the Chairman or member of the Tribunal shall become vacant if the holder-
(a) dies;

Amendment of

section 2of Cap. 509.

Amendment of section 113of Cap.509.

(b)
resigns from office by notice in writing addressed to the Commission;
(c) is convicted of an offence and is sentenced to a term ofimprisonment for a period of
d)
six months or more;
completes their term of office;
e in the case of a member,is absent from three consecutive meetings of the Tribunal without the permission of the Chairman of the Tribunal and in the case of the Chairman, is absent from three consecutive meetings of the Tribunal without the epermission of theChief Registrar;or
f is removed from office on any of the
following grounds
(i) gross violation of the Constitution or any other written law;
(i) gross misconduct or misbehaviour;
(ii) inability to perform functions of the
office arising out of physical or mental infirmity;
(iv) incompetence or neglect of duty;or
(v)bankruptcy.
(6) The Commission shall fill any vacancy under this section within three months of the vacancy arising.
(7)The Chairperson and members of the Tribunal shall be paid such salaries, allowances and benefits as the Commission shall,in consultation with the Salaries and Remuneration Commission determine.
47.Section 117 of the Industrial Property Act is
amended by deleting the words "Cabinet Secretary"and substituting therefor the word"Tribunal".
48.Section 2 of the Copyright Act is amended by inserting the following new definition in proper alphabetical sequence-

Amendmentof

section 117of Cap.509.

Amendmentof

section 2ofCap. 130.

"Commission"means the Judicial Service Commission established underArticle171 of the Constitution.

49.Section 48of the Copyright Act is amended-
(a) by deleting subsection (l) and substituting therefor the following new subsection-
(1) There is established a Tribunal to beknown subordinate court pursuant to Article 169(1)(d) of
as the Copyright Tribunal which shall be a the Constitution.
(b) by deleting subsection (2) and substituting therefor the followingnew subsection
(2)The Copyright Tribunal shall consist of the
followingpersons appointed by the Commission-
(a)a Chairperson,who shall be an advocate of the High Court of Kenya ofnot less than
ten years standing; and
(b)not less than two and not more than four members who shall be holders of a degree from a university recognised in Kenya and have not less than five years' experience in the relevantfield.
50.The Privatisation Act is amended by deleting section 47 and substituting therefor the following new section-
47.(l) There is established a board to be known as the Privatisation Review Board which shall be a subordinate court pursuant to Article 169(1)(d) of the Constitution.
51.The Privatisation Act is amended by deleting section 48 and substituting therefor the following new section-
48.(l) The Review Board shall consist of the
following members appointed by the Judicial Service Commission-
(a)a Chairperson,who shall be an advocate of the High Court of Kenya with not less than tenyears' post-qualification experience; and

Amendment of section48of Cap.130.

Repealand

replacementof section 47of No. 1l of2023.

Amendmentof

section 48ofNo. 1lof2023.

(b) four persons who are holders of a degree have at least five years experience and
from a university recognized in Kenya and knowledge in privatisation matters.
(2)The Chairman and members of the
Review Board shall be appointed for a term of fiveyearsand shall be eligible forreappointment for one further term offiveyears.
52.The Privatisation Act is amended by deleting section 49 and substituting therefor the following new
section-—
49.(1) The office of the Chairman or member of the Review Board shall become vacant if the holder-
(a) dies;
(b) resigns from office by notice in writing addressedto theJudicial Service Commission;
is convicted of an offence and is sentenced to a term ofimprisonment for aperiod of
P
six months or more;
completes their term ofoffice;
(e) in the case of a member,is absent from three consecutive meetings of the Review Board without the permission of the Chairperson of the Review Board and in the case of the Chairperson,is absent from three consecutive meetings of the Review Board without the permission of the Chief
Registrar;or
is removed from office on any of the
followinggrounds
(i) gross violation of the Constitution or gross
any other written law; misconduct or misbehaviour;
(ii) inability to perform functions of the office arising out of physical ormental
infirmity;

Repeal and replacement of section49ofNo. 11 of2023.

(ili) incompetence or neglect of duty;or
(iv) bankruptcy.
(2) The Judicial Service Commission shall fill any vacancy under this section within three months of the vacancy arising.
53.The Privatisation Act is amended by deleting section 50 and substituting therefor the following new section-—

DeputyRegistrar of theReviewBoard.

50.The Judicial Service Commission shall deploy a Deputy Registrar to the

Review Board.

54.The Privatisation Act is amended by deleting section 52 and substituting therefor the following new section-
52.(1) The Chairperson and the members of the Review Board shall be paid such remuneration and allowances as the Judicial Service Commission may,in consultationwiththe Salariesand Remuneration Commission,determine.
(2) The expenses of the Review Board shall be a charge on the Judiciary Fund.
55.The Third Schedule to the Privatisation Act is amended in paragraph 8 by deleting the words "Cabinet Secretary"and substituting therefor the words "Chief Justice".
56.Section 2 of the HIV and AIDS Prevention and Control Act is amended by inserting the following new definition in proper alphabetical sequence-

"Commission"means the Judicial Service Commission

established byArticle 171 of theConstitution.

57.The HIV and AIDS Prevention and Control Act is amendedby deleting section 25 and substituting therefor the followingnew section-
25.(1) There is established a Tribunal to be known as the HIV and AIDS Tribunal which shall be a subordinate court pursuant to Article 169(1)(d) of the Constitution.

Repeal and replacement of section50 ofNo. 11of2023.

Repealand replacement of section 52 of No. 1lof2023.

Amendmentof

the Third Schedule to No, 11of2023.

Amendment of

section2of Cap. 246A.

Repeal and replacement of section25of Cap.246A.

(2)The Tribunal shall consist of the following
members appointed by the Commission-
(a)a Chairperson who shall be an advocate of the High
Court of not less than ten years' standing;
(b) two advocates of the High Court of not less than five years' standing;
(c) two medicalpractitioners recognized by the Medical Practitioners and Dentists Board as specialists under the Medical Practitioners and Dentists Act;and
(d)two persons who have a degree from a university recognised in Kenya and five years'experience in
a relevant field.
(3) At least two of the persons appointed under subsection (2)(a),(b) and (c) shall be women.
(4) The members of the Tribunal appointed under this section shall elect a Vice-chairperson from amongst themselves and the Chairperson and the Vice-chairperson
shall not be of the same gender.
(5) For the purposes of hearing and determining any cause or matter under this Act, the quorum of the Tribunal shall be three members:

Provided that where for any reason the Chairperson is absent,the Vice-chairperson shall preside and in the absence of the Vice-chairperson, the members shall nominate one of their own to preside.

(6) All matters before the Tribunal shall be decided by the votes of a majority of thememberspresent.
(7) The Chairperson and members of the Tribunal shall be paid such salaries,allowances and benefits as the Commission shall, in consultation with the Salaries and Remuneration Commission,determine.

3. (8)The office of the Chairperson or member of a Tribunal shall become vacant if the holder- 4. (a) dies; 5. (b) resigns from office by notice in writing addressed to the Commission;

(c) is convicted of an offence and is sentenced to a termofimprisonmentforaperiodofsixmonthsor more;
(d) completes their term of office;
(e) in the case of a member,is absent from three
consecutive meetings of the Tribunal without the permission of the Chairperson of the Tribunal and in the case of the Chairperson,is absent from three consecutive meetings of the Tribunal without the permission of the Chief Registrar;or
(f) is removed from office on any of the following
grounds-
(i)gross violation of the Constitution or any other written law;
(ii) gross misconduct or misbehaviour;
(iii) inability to perform functions of the office
arising out of physical or mental infirmity;
(iv) incompetence or neglect of duty; or
(v)bankruptcy.
(9) The Commission shall fill any vacancy under this section within three months of the vacancy arising.
58.Section 29 of the HIV and AIDS Prevention and Control Act is amended by deleting subsection (2) and substituting therefor the following subsection-
(2) Every certificate issued under subsection (1) shall be deemed to be a decree of the Tribunal and may be
executed as such.
59.Section 35of theBiosafetyAct is amended
(a)by deleting subsection(l) and substituting therefor
the followingnewsubsection
(1) There is established an Appeals Board which shall consist of members appointed by the Judicial
Service Commission asfollows-
(i)a Chairperson,who shall be an advocate of the High Court of Kenya of not less than ten years
standing;and

Amendmentof section29of Cap.246A.

Amendment of section35of Cap.320.

(ii) four persons who are holders of a degree from a university recognized in Kenya and have at least five yearsexperience in biological,
environmental orsocial sciences.
(b) byinsertingthefollowing newsubsection
immediately after subsection(l)
(lA) The Tribunal shall be a subordinate court
pursuant toArticle169(1)(d) of the Constitution.
(c)by deleting subsection (3) and substituting therefor the following new subsection
(3)The Chairperson and members of the Appeals Board shall hold office for a term of fiveyears and shall be eligibleforreappointmentfor onefurther term offiveyears.
(d)insubsection(8),bydeletingtheword
"Cabinet Secretary"and substituting therefor the words"Chief Justice"
60.The Sixth Schedule tothe Biosafety Act is amendedby deletingparagraph3.
61.The Competition Act is amended by deleting
section 7l and substituting therefor the following new section-
71.(1) There is established a Tribunal to be known as the Competition Tribunal which shall be a subordinate court pursuant to Article 169(1)(d) of the Constitution.
(2) The Competition Tribunal shall consist of the following members appointed by the Judicial Service Commission
(a)a Chairperson who shall be an advocate of the High Court of Kenya with not less
thanten years' post-qualification experience;
(b) not less than two and not more than four memberswho shall be holders of a degree from a university recognised in Kenya and have at least five years'experience in the relevant field.

Amendmentof the Sixth Schedule to Cap. 320. Repeal and replacement of section 71of Cap.320.

(3) The members of the Tribunal appointed

2. under this section shall elect a Vice-chairperson from amongst themselves and the Chairperson and Deputy Chairman shall not be of the same gender. 3. (4)The Chairman andmembers of the Tribunal shall hold office for a term of five years and shall be eligible for re-appointment for one further term of five years. 4. (5)The office of the Chairperson or member 5. of the Tribunal shall become vacant if the holder 6. (a) dies; 7. (b)resigns from office by notice in writing addressed to the Commission; 8. (c)is convicted of an offence and is sentenced toa term ofimprisonment fora period of six months or more; 9. (d) completes their term ofoffice; 10. (e)in the case of a member is absent from three consecutive meetings of the Tribunal without the permission of the Chairman of the Tribunal and in the case of the Chairman is absent from three consecutive meetings of the Tribunal without the permission of the Chief Registrar;or 11. (f) is removed from office on any of the 12. following grounds 13. gross violation of the Constitution or any other written law; 14. (ii)grossmisconduct or misbehaviour; 15. (ili) inability toperform functions of the office arising out of physical or mental infirmity; 16. (iv) incompetence or neglect of duty;or 17. (v)bankruptcy. 18. (6)Forthepurposesof hearing and 19. determining any cause or matter under this Act,the quorum of the Tribunal shall be three members:

Provided that where for any reason the

Chairperson is absent, the Vice-chairperson shall preside and in the absence of the Vice-chairperson, the members shall nominate one of their own to preside."

(7)The Chairperson and members of the Tribunal shall be paid such salaries, allowances and benefits as the Judicial Service Commission shall,in consultation with the Salaries and Remuneration Commission, determine.
(8) The Chief Justice may,in consultation
with the Tribunal,makerules
(a) prescribing the manner in which an appeal
shall bemade to the Tribunal and the fees to bepaid in respect of all appeals;
(b)prescribing theprocedure tobe adopted by the Tribunal in hearing an appeal and the records to bekept by the Tribunal;
(c)prescribing the manner in which the Tribunal shall be convened and places where and the time at which the sittings shall be held;
(d) generally,for the better carrying out of the provisions of this Act relating to the Tribunal and appeals thereto.
62.The Political Parties Act is amended by deleting section 39 and substituting therefor the following new
section-
39.(1) There is established a Tribunal to be known as the Political Parties Disputes Tribunal which shall be a subordinate court pursuant to
Article 169(1)(d)ofthe Constitution.
(2) The Tribunal shall consist of the following members, appointed bythe Judicial Service Commission-
(a)a Chairperson who shall be an advocate of the High Court of Kenya with not less than ten years' post-qualification experience;

Repeal and replacement of section39of Cap.7D.

(b) three advocates of the High Court of not less than five years standing:and
(c) three persons who hold a degree from a university recognised in Kenya and at least five years'experience in governance, administrative matters, political affairs, economicmatters orotherrelevantfield.
(3) The members of the Tribunal shall elect a Vice-chairperson from amongst thememberswho are advocatesof theHigh Court ofKenya.
(4)The Chairperson and members of the
Tribunal shall serve on part-time basis.
(5) The Chairperson and members of the
Tribunal shall hold office for a term offiveyears and shall be eligible for re-appointment for one further term of fiveyears.
(6)Aperson shall not be qualified to be appointed as a member of the Tribunal if that person is a member of the public service or takes
an active part in the activities of a political party.
(7)A person shall not qualify for appointment
under this section unless the person has met the requirement of ChapterSixof the Constitution.
(8)Forthe purposesofhearingand determining any cause ormatter under this Act,the quorum of the Tribunal shall be three members:

Provided thatwhere for any reason the Chairperson is absent,the Vice-Chairperson shall preside and in the absence of the Vice-Chairperson, the members shall nominate one of their own topreside

63.Section 39Aof the Political Parties Act is amended-
(a) in subsection (1),by deleting the word "seven"in paragraph (a) and substituting therefor the word "five";and
(b)insubsection(l),bydeletingthe words "outstanding governance,administrative, social, political,economic and other recordin paragraph
(b)and substituting therefor the wordsa degree

Amendmentof section39Aof Cap.7D.

from a university recognised in Kenya and not less than fiveyearsexperienceingovernance, administrative matters,political affairs,economic matters or otherrelevant field"

64.Section 43 of the Political Parties Act is amended bydeleting thewords "appoint theSecretary"and
substituting therefor the words"deploy a Deputy Registrar."
65.The Tourism Act is amended by deleting section
87and substituting therefor thefollowingnewsection
87.(1)There is established a Tribunal to be known as the Tourism Tribunal which shall consist of thefollowingmembers appointed by the Judicial
Service Commission
(a) a Chairperson who is an advocate of the High Court of Kenya with not less than ten years'post-qualification experience;
(b) an advocate of the High Court of Kenya
whohasatleastfive yearspost qualification experience;
(c) three persons who are holders of a degree from a university recognized in Kenya and have at least five years experience in the tourism or hospitality sector.
(2)The Tribunal in subsection (1) shall be a subordinate court pursuant to Article 169(1)(d) of
the Constitution.
(3)The members of the Tribunal shall be appointed at different times so that the respective expiry dates of their terms of office shall fall at different times.
(4)The appointment of members of the
Tribunal under subsection (l) shall be through a competitive process taking into account regional balance and gender parity.
(5)The members of the Tribunal appointed
under this section shall elect a Vice-Chairperson from amongst themselves.

Amendmentof section43of Cap.7D.

Repealand replacement of section87of Cap.381.

66.The Tourism Act is amended by deleting section 88and substituting therefor the following new section
88.(1) A member of the Tribunal shall hold office for a term of five yearsbut shall be eligible for re-appointment for one further term of five years.
(2)The office of a member of the Tribunal shall become vacant-
(a) at the expiry of five years from the date of
appointment;
(b) if he or she accepts any office the holding ofwhich,if he or she were not a member of the Tribunal,would make him or her not eligible for appointment to the office ofa member of the Tribunal;or
(c)if he or she is removed from membership
of the Tribunal by the Judicial Service Commission for reasons of physical or mental infirmity,or inability to exercise the functions of his or her office;
(d)if he or she resigns from office by writing under his or her hand addressed to the
Chairperson oftheJudicial Service Commission;
(e)under section 95(2);or
(f)upon his or her death.
(3)The Chairperson and members of the Tribunal shall be paid such salaries,allowances and benefits as the Judicial Service Commission shall,in consultation with the Salaries and
Remuneration Commission, determine.
67.The Tourism Act is amended by deleting section
89 and substituting therefor the followingnew section-

Deputy Registrar of the Tribunal.

89.(1)The Judicial Service Commission shall deploy a Deputy Registrar to the Tribunal.

Repealand replacementof section88of Cap.381.

Repeal and replacenient of section89of Cap.381.

(2)A person shall be qualified for appointment as a Deputy Registrar if the person
(a) is an advocate of the High Court of Kenya;
hasatleastfiveyears post
(b) qualification experience;and
(c) satisfiestherequirements of Chapter Six of the Constitution.
(3)TheDeputy Registrar shall be
responsible for the day to day affairs of the Tribunal and shall be answerable to the Tribunal in performance of his functions.
(4) The Deputy Registrar shall perform any other functions determined by the Tribunal.
68.The Tourism Act is amended by deleting section 94 and substituting therefor the following new section
94.For thepurposesof hearing and
determining any cause or matter under this Act,the quorum of the Tribunal shall be three members:

Provided that where for any reason the Chairperson is absent, the Vice-Chairperson shall preside and in the absence of the vice- Chairperson, the members shall

nominate one of their own to preside.

69.Section2 of the Kenya Citizens and Foreign Nationals Management Service Act is amended by inserting
the following new definition in proper alphabetical sequence-

"Commission"means the Judicial Service Commission established byArticle 171 of the Constitution.

70.Section 23 of the Kenya Citizens and Foreign Nationals Management Service Act is amended by-
(a) deleting subsection (l) and substituting therefor the
followingnew subsection
(1) There is established a Tribunal known as the Kenya Citizenship and Immigration Service

Repeal and replacement of section94of

Cap.381.

Amendment of section2ofCap.

171.

Amendmentof section23of Cap.171.

Appeals Tribunal which shall be a subordinate courtpursuanttoArticle169(1)(d)ofthe

Constitution.

(b) by deleting subsection (2) and substituting therefor thefollowingnew subsection-
(2)The Tribunal shall consist of the following
members appointed by the Commission
(a)a Chairperson who is an advocate of the High Court of Kenya with not less than ten years'postqualification experience;and
(b) two persons who are holders of a degree from a university recognized in Kenya and have at least five yearsexperience in matters relating to public administration,immigration or demography.
(c)by deleting subsection (3) and substituting therefor the following new subsection
(3) The Commission shall deploy a Deputy Registrar and such staff as shall be necessary for the Tribunal to perform its functions.
71.The National ConstructionAuthority Actis
amended in section 2 by inserting the following new definitions in proper alphabetical sequence
"Appeals Board"means the National Construction
AppealsBoard establishedunder section 27of this Act;
"Commission"means the Judicial Service Commission established underArticle 171 of the Constitution;
72.Section 27 of the National Construction Authority
Act is amended by-
(a) deleting subsection(l) and substituting therefor the
following new subsection-
(1) There is established a board to be known
as the National Construction Appeals Board which shall be a subordinate court pursuant to Article 169(1)(d)ofthe Constitution.
(b) deleting subsection (2) and substituting therefor the
following new subsection

Amendmentof section 2ofCap.

118.

Amendment of

section 27 of Cap.118.

(2)The Appeals Board shall consist of the following
members appointed by the Commission-
(a) a Chairperson who shall be an advocate of the High
Court of Kenya of not less than ten years standing; and
(b) two persons who are holders of a degree from a university recognized in Kenya and have at least building surveyingor
five years'experience in architecture,quantity surveying,engineering, project management.
73.The National Construction Authority Actis amended by deleting section 29 and substituting therefor the following new section
29.The expenses of the Appeals Board shall be a charge on the Judiciary Fund.
74.Section 133A of the Land Act is amended
(a)in subsection (1) by deleting the words "consist of
three persons appointed by the Cabinet Secretary through a notice in the Gazette"and substituting therefor the words"be a subordinate court pursuant toArticle 169(1)(d) of the Constitution."
(b)by deleting subsection (2) and substituting therefor
the following new subsection-
(2)The Tribunal shall consist of the following members appointedby the Judicial Service Commission
(a) a Chairperson who shall be an advocate of the High Court of Kenya with not less than ten yearspostqualification experience;
(b) two persons who are holders of a degree from a university recognised in Kenya and have at least
five yearsexperience in the relevant field.
75.Section 133Bof the Land Actis amended-
(a) in subsection (l) by deleting the word "four" wherever it appears and substituting therefor the word"five";
(b) in subsection (2) by deleting the word "three" wherever it appears and substituting therefor the
word"five"

Repeal and replacement of section29of Cap.118.

Amendment of section 133Aof

Cap.280.

Amendmentof section 133Bof Cap.280.

76.Section 133D of the Land Act is amended by deleting subsection(2).
77.Section 29 of the Legal Education Act is amended
(a)by deleting subsection(l)and substituting therefor
the following new subsection-
(1)There is established a Tribunal to beknown as the Legal Education Appeals Tribunal which shall be a subordinate court pursuant to Article 169(1)(d) of the Constitution and shall consist of the following members appointed by the Judicial
Service Commission-
(ia Chairperson who shall be an advocate of the High Court ofKenya ofnotless than tenyears standing;and
(ii) four persons who are holders of a law degree from a university recognized in Kenya and have at least five years'experience in the field
oflegaleducation.
(b) byinsertingthefollowing new immediately after subsection(3)-
subsection
(4).The Judicial Service Commission shall appoint a DeputyRegistrar who has thefollowingqualifications
(a)holds a degree in law from a university recognised in Kenya;
(b)has at least five years post qualification experience;
and
(c) satisfies the requirements of Chapter Six of the Constitution.
78.Section 30 of the Legal Education Act is amended
(a)in paragraph (b) by deleting the words "Cabinet Secretary"and substituting therefor the words "Judicial Service Commission";
(b) in paragraph (e) by deleting the word "Council" and substituting therefor the word"Tribunal";
(c)in paragraph (f) by deleting the word"Board"and substituting therefor theword"Tribunal".

Amendment ofs. 133Dof Cap. 280.

Amendment of section29of Cap.16B.

Amendmentof

section30of Cap.16B

79.Section 33of the Legal Education Act is amended by deleting subsection(4) and substituting therefor the followingnew section
(4)For the purposes of hearing and determining any cause or matter under this Act,the quorum of the Tribunal shall be threemembers:

Provided that where for any reason the Chairperson is absent,the members shall nominate one of their own to preside.

80.Section 37 of the Legal Education Act is amended
in subsection (3) by deleting the words"may be filed in the High Court by the person in whose favour the costs have been awarded and upon filing,the certificate of costs"
81.The Legal Education Act is amended by deleting
section 40 and substituting therefor the following new section-
40.(1) There shall be paid to the Chairperson
andthemembersoftheTribunal,such remuneration and allowances as the Judicial Service Commission shall,from time to time,upon the advice of the Salaries and Remuneration Commission,determine.
82.The Kenya National Examinations Council Act is amended by deleting section 40B and substituting therefor the following new section-
40B.(l)There is established a Tribunal to be
known as the NationalExaminations Appeals Tribunal which shall be a subordinate court pursuant to Article 169(1)(d)of the Constitution.
(2)The Tribunal shall consist of the following
membersappointed by the Judicial Service Commission
(a) a Chairperson,who shall be an advocate of the High Court of Kenya of not less than ten years standing;
(b) four persons who are holders of a degree from a
university recognised in Kenya and have at least five yearsexperience in education management, marking examinations orotherrelevantfield.

Repealand replacementof section33of Cap.16B.

Amendment of section37of Cap.16B.

Repeal and

replacementof section40of Cap.16B.

Amendmentof section40Bof Cap.214A.

(3) The Judicial Service Commission shall appoint the members of the Tribunal by notice in the Gazette.

2. (4)A person shall not be eligible for appointment person is an employee of the Council or was an employee of 3. under subsection (2) if at the time of appointment,the the Council fiveyears before the date of appointment. 4. (5)In making appointments under subsection (2),the Judicial Service Commission shall- 5. (a)ensure that not more than two-thirds of the appointees are of the same gender;and 6. (b) have regard to theprinciple of regional balance. 7. 83.Section 40C of the Kenya National Examinations Council Act is amended- 8. (a)in subsection (1),by deleting the word"four"and substituting therefor the word "five";and 9. (b) in subsection (2),by deleting the word "three" wherever it appears and substituting therefor the word"five" 10. 84.Section 40D of the Kenya National Examinations Council Act is amended by deleting the words"Cabinet Secretary"and substituting therefor the words "Judicial Service Commission" 11. 85.Section 40E of the Kenya National Examinations Council Act is amended 12. (a) in paragraph (a),by deleting the words "Cabinet Secretary"and substituting therefor the words "Judicial Service Commission";and 13. (b) by deleting paragraph (c) and substituting therefor 14. the following newparagraph 15. (c) fails to attend three consecutive meetings of the Tribunal without the permission of the Chairperson of the Tribunal and in the case of the Chairperson fails to attend three consecutive meetings of the 16. Tribunal without the permission of the Chief Registrar. 17. 86.The Kenya National Examinations Council Act is amended by deleting section 40I and substituting therefor the following new section

Amendment of section40Cof Cap.214A.

Amendmentof section40Dof Cap.214A.

Amendment of section 40Eof Cap.214A.

Amendment of

section40lof Cap.214A.

Deputy Registrar and staff of the Tribunal.

401. The Judicial Service Commission shall deploy a Deputy Registrar and such other staff of theTribunal as may be necessary for theperformanceofits functionsunder this Act. 2. 87.Section 40N of the Kenya National Examinations Council Act is amended by deleting subsection (2) and 3. substituting therefor the followingnew section- 4. (2)A certificate issued under subsection (1),shall be deemed to bea decree of the Tribunal and may be executed 5. as such. 6. 88.Section 2 of the National Transport and Safety Authority is amended by inserting the following new definition in proper alphabetical sequence 7. "Appeals Board"means the Transport Licensing AppealsBoard established undersection39of thisAct. 8. 89.Section 39 of the National Transport and Safety 9. Authority is amended - 10. (a)in subsection (l),by inserting the expression "which shall be a subordinate court pursuant to Article 169(1)(d)of the Constitution"immediately 11. after the word"Board"; 12. (b) by deleting subsection (2) and substituting therefor 13. the following new subsection 14. (2)The Appeals Board shall consist of the following 15. members appointed by theJudicial Service Commission 16. (a)a Chairperson,who shall be an advocate of the High Court of Kenya of not less than ten years standing:and

b) four other members who shall be holders ofa degree from a university recognised in Kenya and

18. have five yearsexperience in the relevant field. 19. (c)byinsertingthefollowingnew subsection immediately after subsection (2) 20. (2A) The members of the Appeals Boardappointed under this section shall elect a Vice-Chairperson from

amongst themselves;

Amendmentof section40Nof Cap.214A.

Amendment of section 2 of Cap. 404.

Amendmentof

section39of Cap.404.

(d)in subsection (3),by deleting the words"such term may determineand substituting the following
and under such conditions as the Cabinet Secretary words "five years and shall be eligible for reappointment for one further term of fiveyears.";
(e)by deleting subsection (4)and substituting therefor the following new subsection
(4) For the purposes ofhearing and determining any cause or matter under thisAct,the quorum of the Appeals
Boardshall be threemembers:

Provided thatwhere for anyreason the Chairperson is absent, the Vice-Chairperson shall preside and in the absence of the Vice-Chairperson,the members shall nominateoneof their own topreside.

(f)in subsection (8),by deleting the words "Cabinet Secretary"and substituting therefor thewords "Chief Justice."
90.Section 2of theMicro and Small Enterprises Act is amended byinserting the followingnewdefinition inproper alphabetical sequence-
"Commission"means the Judicial Service Commission establishedunderArticle 17l of the Constitution.
91.Section 1l of the Micro and Small Enterprises Act is amended in subsection (2) by deleting the wordspoints
oflaw".
92.Section 54of the Micro and Small Enterprises Act is amended
(a)by deleting subsection(l)and substituting therefor
the followingnew subsection-
(1)There is established a Tribunal to be known shall be a subordinate court pursuant to Article
as the Micro and Small Enterprises Tribunal which 169(1)(d)of the Constitution.
(b)by deleting subsection (2)and substituting therefor the following subsection-
(2)The Tribunal shall consist of the following members appointed by the Commission

Amendment of

section2of Cap.499C.

Amendment of sectionllof Cap.499C.

Amendmentof section54of Cap.499C

(a)a Chairperson who shall be an advocate of the High Court of Kenya ofnot less than
ten years standing;
(b)two advocatesof theHigh Court of Kenya whohaveatleastfiveyearspost qualification experience;
(c) two advocates of the High Court of Kenya
who have at least five yearsexperience in micro and small enterprises matters;and
(d)twopersonswho areholders of a degree in the relevant field and have at least five years experience in micro and small enterprises matters.
(c)byinserting thefollowing subsection
new immediately after subsection(2)
(2A). The Commission shall appoint a Deputy
Registrar who shall have the following qualifications-
(a) holds a degree in law from a university recognised in Kenya;
(b) has at least five years post qualification experience;and
(c) satisfies the requirements of Chapter Six of
the Constitution.
(d) byinserting thefollowingnewsubsection immediately after subsection(3)
(3A) The members of the Tribunal appointed under section (2) shall electa Vice-Chairperson from amongst themselves;
(e)in subsection (5) by deleting thewords"Cabinet Secretary"inparagraph(c)and substituting therefor the word"Commission"
93.Section 58 of the Micro and Small Enterprises Act is amended by deleting subsection (l) and substituting
therefor the followingnew subsection-
(1)Forthe purposesofhearingand determining any cause or matter under this Act,the quorum of theTribunal shall be three members:

Repealand replacementof section58of

Cap.499C.

Provided that where for any reason the Chairperson is

absent, the Vice-Chairperson shall preside and in the absence of the Vice-Chairperson,the members shall nominate one of their own to preside.

94.Section 59 of the Micro and Small Enterprises Act

Amendment of section59of Cap.499C.

is amended in subsection (l) by inserting the word "may appeal to the Tribunal.immediately after paragraph (d).
95.The Micro and Small Enterprises Act is amended
by deleting section 65 and substituting therefor the followingnew section-
65.(1) The expenses of the Tribunal for the
conduct of its business shall be met from the Judiciary Fund.
(2) There shall be paid to the Chairperson and the members of the Tribunal such remuneration and allowances as the Commission may,in consultation with the Salaries and Remuneration Commission,determine from time to time.
96.The Basic Education Act is amended by deleting section 93 and substituting therefor the following new section-
93.(1) There is established an Education Appeals Tribunal which shall be a subordinate courtpursuant toArticle169(1)(d) ofthe
Constitution.
(2) The Education Appeals Tribunal shall consist of the following members appointed by the
Judicial Service Commission-
(a)a Chairperson who shall be an advocate of the High Court of Kenya of not less than
ten years standing;and
(b) six persons who are holders of a degree from a university recognized in Kenya and have at least five yearsexperience in
the relevant field."
(3) The Judicial Service Commission shall deploy a Deputy Registrar and such staff as are necessary for the performance of the functions of the Tribunal under this Act.

Amendment of section65of Cap.499C.

replacementof section93of Cap.

Repeal and 211.

(4) Any person aggrieved by the decisions of the County Education Board may appeal to the Education Appeals Tribunal.

2. (5) The Chief Justice may make Regulations for thebetter carrying into effect of the provisions of this Act. 3. 97.Section 50 of the Public Benefits Organizations Act isamended- 4. (a)by deleting subsection(l) and substituting therefor the following new subsection 5. (1) There is established a Tribunal to be known as the Public Benefit Organizations Disputes Tribunal which shall consist of the following members appointed by the Judicial 6. Service Commission 7. (a)a Chairperson who shall be an advocate of the High Court of Kenya with not less thanten years' post-qualification experience; 8. (b) two advocates of the High Court ofnot less than fiveyears standing:and 9. (c) two persons who are holders of a degree from a university recognised in Kenya and have at least five years'experience in a field relevant to the discharge of the functions of theTribunal. 10. (b)by inserting the following new subsections immediately after subsection(2) 11. (2A) The Tribunal shall be a subordinate court pursuant toArticle 169(1)(d) of the Constitution. 12. (2B) The Chairperson and members of the Tribunal shall beappointedfora term offiveyears and shall be eligible for reappointment for one further term of five years. 13. (c)by deleting subsection (4) and substituting therefor the following new subsection-

Amendmentof section50 of Cap.

134.

(4)For the purposes of hearing and
determining any cause or matter under this Act,the quorum of theTribunal shall be three members:

Provided that where for any reason the Chairperson is absent, the Vice-Chairperson shall preside and in theabsence of the ViceChairperson,the members shall nominate one of their own to preside.

(d) in subsection(5),by deleting the word "Authority" andsubstituting therefor the words "Judicial Service Commission";
(e)in subsection (6) by-
(i) deleting the word "three"in paragraph (a) and
substituting therefor the words"five";
(ii) deleting the words"Chief Justice"inparagraph
()and substituting thereforthewords "Judicial Service Commission";
98.Section 54 of the PublicBenefits Organizations Act is amended by deleting subsection (2) and substituting therefor the followingnew subsection
(2)Every certificate issued under subsection (1), shall be deemed to be a decree of the Tribunal and may be
executed as such.
99.The Civil Aviation Act is amended by deleting
section 66 and substituting therefor the following new section-—
66.(1) There is established a Tribunal to be knownas theNationalCivilAviation Administrative Review Tribunal which shall be a subordinate court pursuant to Article 169(1)(d)of
the Constitution.
(2) The Tribunal shall consist of the following
members appointed by the Judicial Service Commission-
(a) a Chairperson who shall be an advocate of the High Court of Kenya ofnot less than ten years standing;and

Amendment of section54of Cap.

134.

replacementof section 66of Cap.

Repeal and 394.

(b) four persons who are holders of a degree from a university recognized in Kenya and have at least fiveyearsexperience in
the field of civil aviation.
(3) The Judicial Service Commission shall
appoint a DeputyRegistrarwho
(a)holds a degree in law from a university recognised in Kenya;
(b)has at least five years post qualification experience;and
(c) satisfies the requirements of Chapter Six
of the Constitution.
(4)In appointing the Chairperson and members of the Tribunal under this section,the Judicial Service Commission shall take cognizance of the provisions of the Constitution relating regional and other diversities of the people of Kenya.
(5)The members of the Tribunal shall elect a
Vice-Chairperson amongst themselves and the chairperson and the Vice-Chairperson shall be persons of the opposite gender.
100.The Civil Aviation Act is amended by deleting
section 67 and substituting therefor the following new section-
67.(1) A member of the Tribunal shall hold office for a term of five years and shall be eligibleforre-appointmentfor onefurther termof five years.
(2) The office of a member of the Tribunal
shall become vacant
(a)at the expiration of five years from the date of his orher appointment;
(b)if he or she accepts any office the holding ofwhich,if he or her were not a memberof the Tribunal,would give rise to the existence ofa conflict ofinterest

Repeal and replacement of section67of Cap.

394.

with his or her membership to the Tribunal;

(c)if he or she is removed from membership of theTribunal by the Judicial Service Commission upon findings of an inquiry determining hisor herfailureto discharge the functions of his or her officewhether arising from infirmity of body ormind or from any other lawful cause or formisbehaviour;
(d)if he or she resigns the office ofmember of the Tribunal;or
(e)upon death.
(3)Members of the Tribunal shall be paid allowances as the Judicial Service Commission shall,in consultation with the Salaries and Remuneration Commission,determine.
101.The Civil Aviation Act is amended by repealing section 68.
102.Section 72of the Civil Aviation Act is amended in subsection(4) by deleting the words"may befiled in the High Court by theperson in whose favour the costs have been awarded and upon being so filed,"
103.The Civil Aviation Act is amended by deleting section 75 and substituting therefor the following new section-
75.The quorum of the Tribunal shall be three members provided that where for any reason the Chairperson is absent, the ViceChairperson shall preside and in the absence of theVice-Chairperson,themembers shall nominate one of their own topreside.
104.The Civil Aviation Act is amended by repealing section 78.
105.Section 2 of the Sports Act is amended by
deletingthedefinitionof"sportsinstitutions" and substituting therefor thefollowingnew definition

"sports institutionsmeans the Sports Kenya and the Kenya Academy of Sports established under thisAct;

Repeal of section

68of Cap.394.

Amendment of

section72ofCap. 394.

Amendment of

section75 ofCap. 394.

Repeal of section

78of Cap.394.

Amendmentof section 2of Cap.

223.

106.Section 6 of the Sports Act is amended in subsection(l) by deleting the word "Secretary"appearing in paragraph (h) and substituting therefore the words "Deputy Registrar."
107.The Sports Act is amended by deleting section 55 and substituting therefor the following new section -
55.(1) There is established a Tribunal to be known as the Sports Disputes Tribunal which shall be a subordinate court pursuant to Article
169(1)(d)of the Constitution.
(2)The Tribunal shall consist of the following members appointed by the Judicial
Service Commission-
(a) a Chairperson who shall be an advocate of the High CourtofKenya withnotless than ten years' post-qualification experience;and
(b) two advocates of the High Court of
Kenyawho shallhave at leastfiveyears experience in legal matters relating to sports or have been involved in sport in any capacity;and
(c)at least two and not more than six other persons who are holders of a degree in the relevantfield and have atleast five years' experience in sports,in any capacity.
(3) The members of the Tribunal shall elect a Vice-Chairperson from among themselves, provided that the Chairperson andVice-
Chairperson shall not be of the same gender.
108.Section 60 of the Sports Act is amended by deleting the words"appoint the Secretary"and substituting
therefor thewords"deployaDeputy Registrar.
109.Section 2 of the Tax Appeals Tribunal Act is
amended by-
(a)i inserting the following new definition in proper alphabetical sequence-

Amendmentof section6of Cap. 223.

Repeal and replacement of section55of Cap. 223.

Amendment of section 60of Cap. 223.

Amendment of section 2of Cap. 469A.

"Deputy Registrar"means the Deputy Registrar deployed to theTribunal by the Commission under section 7";

(b)deleting the definition of the word "Secretary."
110.Section 3 of the Tax Appeals Tribunal Act is amendedby
(a) renumbering the existing provision as subsection (1);and
(b) inserting the following new subsection immediately after subsection(l)-
(2) The Tribunal shall be a subordinate court pursuant
toArticle169(1)(d)of the Constitution.
111.The Water Act is amended by deleting section 119 and substituting therefor thefollowingnew section
119.(1)There is established aWater Tribunal which shall be a subordinate court
pursuant toArticle 169(1)(d) of the Constitution.
(2)The Water Tribunal shall consistof the following members appointed by the Judicial
Service Commission
(a)a Chairperson who shall be an advocate of the High Court of Kenya with not less than ten years' post-qualification experience;and
(b)four other persons who possess a degree from a university recognized in Kenya and at least five years'experience in a
relevantfield.
(3) The Chairperson and members of the Tribunal shall be appointed for a term of five years and shall be eligible for reappointment for
onefurther term offiveyears.
(4) The Chairperson and members of the Tribunal shall be paid such remuneration and allowances as the Judicial Service Commission may,in consultation with the Salaries and Remuneration Commission,determine.

Amendment of

section3of Cap. 469A.

Amendment of

section119of Cap.372.

112.The Water Act is amended by deleting section 120 and substituting therefor thefollowingnew section-

Judicial Service Commission shall deploy a Deputy Registrar and such staff as are necessary for the performance of thefunctions of the Tribunal

Deputy Registrar and 120. The staff of the Tribunal. under this Act.

113.Section 124of theWater Act is amended by deleting the words "on an issue of law" appearing immediately after theword"Constitution"
114.The First Schedule to the Water Act is amended
in paragraph 1(1)(f),by deleting the words"or
(a) Tribunal";
(b) in paragraph 1,by deleting subparagraph (2) and substituting therefor the following new subparagraph-
(2) In this Schedule,unless the context otherwise
requires-

"board"means a board to which this Schedule applies;

"Chairperson"means the Chairperson of a board or

Committee;

"member" means a member of a board or committee.

Tribunal".
115.Section 35of the NairobiInternational Financial Centre Actis amended
(a)by deleting subsection (l)and substituting therefor the followingnew subsection-
(1) There is established a Tribunal to be known as the Financial Centre Tribunal which shall be a subordinate court pursuant Article 169(1)(d)of the Constitution and shall consist of the followingmembers appointed by the Judicial Service Commission
(a)a Chairperson who shall be an advocate oftheHigh CourtofKenya ofnot less than ten years standing;and

Amendment of section 120of Cap.372.

Amendmentof section124of Cap.372.

Amendment of theFirst Schedule to Cap.372.

Amendmentof section 35 of Cap. 495.

(b)four other members who are holders ofa degree from a university recognized in Kenya and five years' experience in the
financial services sector.
(b)in subsection (3),by deleting the word "three" wherever it appears and substituting therefor the
(c)
word"five".
in subsection (5),by deleting paragraph (e)and substituting therefor thefollowingparagraph
(e) fails to attend three consecutive meetings of theTribunal without thepermission of the Chairperson of the Tribunal and in the case of the Chairperson fails to attend three consecutive meetings of the Tribunal without thepermission of the Chief Registrar.
116.The Nairobi International Financial Centre Act is amended byrepealingsection36.
117.Section 37 of the Nairobi International Financial Centre Act is amended by inserting the words "deploy a Deputy Registrar andimmediately after the word "appoint"in subsection (1).
118.Section 2 of the Energy Act is amended by insertingthe following new definitioninproper alphabetical sequence

"Commission"means the Judicial Service Commission establishedunder Article 17l of the Constitution.

119.Section 25 of the Energy Act is amended
(a)by renumbering the existing provision as subsection (1);and
(b) by inserting the following new subsection
immediately after subsection(1)-
(2) The Tribunal shall be a subordinate court pursuant
toArticle169(1)(d)of theConstitution.
120.The Energy Act is amended by deleting section 26 and substituting therefor the followingnew section-

Repeal of section

36of Cap.495.

Amendmentof section37 of Cap.

495.

Amendmentof section 2 of Cap. 314.

Amendment of section25of Cap. 314.

replacement of section 26of Cap.

Repeal and 314.

25.(1) The Tribunal shall consist of not more than seven members appointed by the Commission asfollows-
(a)a Chairperson who shall be an advocate of theHigh Court ofKenya with not less than tenyears' postqualification
experience;
(b) six other persons who are holders of a degree from a University recognized in Kenyawith atleastfiveyears experience in law,petroleum and energy and who are notin the employment of the Agency or Authority.
(2) The members of the Tribunal shall elect aVice-Chairperson who shall be an advocate of the High Court of Kenya and have at least five years' experience in energy and petroleum matters.
(3)In appointing the members of the
Tribunal, the Commission shall
(a)ensure that the members of the Tribunal reflect the interests of all sections of the
society;
(b) ensure equal opportunities for persons with disabilities and other marginalized communities;and
(c)ensure that no more than two-thirds of the members shall be of the same gender.
(4) The members of the Tribunal shall hold office for a period of five years and shall be
eligible forreappointmentforone further term of five years.
121.The Energy Act is amended by deleting section 27 and substituting therefor the followingnew section-
27.(1) The office of the Chairpersonor member ofa Tribunal shall become vacant if the holder-

Repeal and replacementof section27ofCap. 314.

(a) dies;
(b)resigns from office by notice in writing addressed to the Commission;
(c)is convicted of an offence and is
sentenced toa termofimprisonmentfor a period ofsixmonths ormore;
(d) completes their term ofoffice;
(e)in the case of a member,is absent from three consecutive meetings of the Tribunal without the permission of the Chairperson of the Tribunal and in the case of the Chairperson,is absent from three consecutive meetingsof the Tribunal without the permission of the
Chief Registrar;or
(f)is removed from office on any of the
following grounds-
gross violation of the Constitution orany otherwritten law;
(ii)
gross misconduct or misbehaviour;
( inability toperform functionsof the office arising out of physical or mental infirmity;
(iv) incompetence or neglect of duty;or
(v)bankruptcy.
(2) The Commission shall fill any vacancy under this section within three months of the vacancy arising.
122.Section 30 of the Energy Act is amended
(a)in the marginal note by deleting the word "Secretary"and substituting therefor the word "Deputy Registrar";
(b)by deleting subsection (l) and substituting
therefor thefollowingnew subsection-
(1) The Commission shall deploy a Deputy
Registrar to the Tribunal;

Amendmentof section30of Cap.

314.

(2) and substituting
(c)by deleting subsection therefor the followingnew subsection-
(2)Aperson shall bequalified for appointment as a Deputy Registrar if the person
(a) holds a degree in law from a university recognised in Kenya;
(b) has at least five years post qualification
experience;
(c) satisfies the requirements of Chapter Six of the Constitution;and
(d) deleting subsection (3) and substituting therefore the following new. subsection-
(3) The Commission may appoint such other staff as maybe necessaryfor the proper discharge
offunctions of the Tribunal under thisAct.
123.The Energy Act is amended by repealing section 31.
124.Section 32 of the Energy Act is amended by
(a)deleting subsection (2);and
(b) deleting subsection (3) and substituting therefor
the followingnew subsection-
(3) The Tribunal shall determine the place at which apanel may sitwith a view to securing a reasonable opportunity for applicants to appear before the Tribunal with as little inconvenience and expense as ispracticable.

125.Section 33 of the Energy Act is amended

(a)by deleting subsection (l) and substituting thereforthe followingnew subsection-
(1) The Chairperson of the Tribunal shall preside at all sittings of the Tribunal at which the Chairperson shall be present and in the absence of the Chairperson,the Vice-Chairperson shall preside and in the absence of the ViceChairperson,the members shall nominate one of their own to preside.

Repeal of section 31ofCap.314.

Amendmentof section32ofcap. 314.

Amendmentof section33 of Cap. 314.

(b)in subsection (2),by deleting thewords "includingtheChairpersonor the ViceChairperson as the case may be."
126.Section 35 of the Energy Act is amended by deleting subsection (l) and substitutingtherefor the followingnew subsection
(1) The Chairperson and members of a Tribunal shall be paid such salaries, allowances and benefits as the Commission shall, in consultation with the Salaries and Remuneration Commission,determine
127.Section 39 of the Energy Act is amended by deleting subsection (l) and substituting therefor the
following new subsection-
(1) The expenses of the Tribunal shall be a charge on the Judiciary Fund.
128.Section 198 of the Energy Act is amended in subsection (2) by deleting paragraph (o).
129.The Second Schedule to the Energy Act is amended-
(a)
in the title,by deleting the words "Energy and Petroleum Tribunal;
(b) in paragraph 1,by deleting the word "Tribunal";;
(c) in paragraph 2,by deleting the word Tribunal,";
(d) in paragraph 6,by deleting the word"Tribunal,;
(e) in paragraph 7,by deleting the word "Tribunal"
wherever it appears;
in paragraph 8,by deleting the word "Tribunal wherever it appears;and
g in paragraph 9,by deleting the word"Tribunal" wherever it appears.
130.Section 2of theKenyaAccreditation Service Act is amended by inserting the following new definition in proper alphabetical sequence

means the Judicial Service Commission establishedunderArticle171 ofthe

"Commission" Constitution.

Amendment of section35 of Cap. 314.

Amendment of section39 of Cap. 314.

Amendment of section 198of Cap.314.

Amendmentof the Second Schedule to Cap.

314.

Amendment of

496A.

section 2of Cap.

131.The Kenya Accreditation Service Act is amended by repealing section 16 and substituting therefor the followingnew section
16.(1) There is established a Tribunal to be known as the Accreditation Appeals Tribunal which shall be a subordinate court pursuant to Article 169(1)(d)ofthe Constitution.
(2)The Accreditation Appeals Tribunal
shall consist of five members being
(a)a Chairperson appointed competitively
by the Commission;and
(b) four other persons who possess expertise and knowledge in matters relating to accreditation,conformity assessment, standardization orregulatory activities.
(3)A person shall be qualified for appointment under subsection (2)(a) if that
person has-
(a)a degree in law from a university recognized in Kenya and is an advocate
of the High Court of Kenya;and
(b)not less than ten years'post-qualification experience;
(4)The members under subsection (2)(b)
shall be appointed competitively by the Commission from amongst persons who-
(a) hold a university degree in law or science and technology;and
(b)possess at least five years relevant experience in their areas ofexpertise.
(5) The Tribunal shall hear and determine
appeals emanating from the decisions of the Service.
132.The Kenya Accreditation Service Act is amended by deleting section 17 and substituting therefor the followingnew section
17.An accredited body that is aggrieved by
a decision of the Service may,appeal to the

Amendmentof

section 16of Cap. 496A.

Repealand replacement of section 17of Cap. 496A..

Tribunal within twenty-one days of being notified of the decision.

133.TheKenya Accreditation Service Act is amended by inserting the following new section immediately after

section 20

Remuneration on 20A.The Chairperson and members of membersofthe AccreditationAppealsthe Accreditation AppealsTribunal shall be Tribunal. paid such salaries,allowances and benefits as the Commission shall, in consultation withtheSalariesand Remuneration

Commission,determine.

134.TheKenya Accreditation Service Act is amended by deleting section 27 and substituting therefor the followingnew section
Remuneration of 27.The Service shall paysuch membersoftheBoard and committees. remuneration and allowancestothe members of the Board and committees as approvedby the CabinetSecretary upon the recommendation of theSalariesand Remuneration Commission."
135.The Kenya Accreditation Service Act is amended by deleting paragraph 7 of the Third Schedule and
substituting therefor thefollowingnewparagraph-
7.(1) The quorum of a Tribunal shall be
three members.
(2)The Chairperson shall preside at all
sittings ofa Tribunal at which the Chairperson shall be present and in the absence of the Chairperson, the Vice-Chairperson shall preside and in the absence of the Vice- Chairperson,the members shall nominate one of their own to preside.
136.Section 1l of the Refugees Act is amended-
(a) in subsection (l) by inserting the words"which shall be a subordinate court pursuant to Article 169(1)(d) of the Constitution."immediately after thewords"Appeals Committee";
(b)by deleting subsection (2)and substituting therefor the followingnew subsection-

Insertionof new section 20A in Cap.496A.

Repealand replacement of section27 of Cap. 496A.

Amendmentof the Third Schedule to Cap.

496A.

Amendmentof

section ll of Cap. 173.

(2) The Refugee Status Appeals Committee

2. shall consist of thefollowingmembers appointed by theJudicial Service Commission 3. (a)a Chairperson who shall be an advocate of theHigh Court of Kenya with not less than ten years' post-qualification experience;and 4. (b) six persons who are holders of a degree in therelevantfield and have at leastfive 5. years'experience in refugee matters.; 6. ()by deleting subsection (3)and substituting 7. therefor the followingnew subsection- 8. (3)For the purposes of hearing and determining any cause or matter under this Act, the quorum of the Appeals Committee shall be three members:

Provided that where for any reason the Chairperson,the members shall nominate one of

Chairperson is absent,theVice-Chairperson shall preside and in the absence of the Vicetheir own topreside.

in subsection (5),by deleting the word "three"
(d) and substituting therefor the word"five";
(e) in subsection (7),by deleting the words "Public Service Commissionand substituting therefor
the words"Judicial Service Commission"
137.Section 75of the PublicPrivate Partnerships Act
is amended-
(a)by inserting the following new subsection immediately after subsection (1)-
(1A) The Petition Committee shall bea
subordinate court pursuant toArticle 169(1)(d)of the Constitution.
(b)by deleting subsection (2)and substituting therefor thefollowingnew subsection-
(2)The Petition Committee shall consist of the following members appointed by theJudicial
Service Commission

Amendmentof section75of Cap.

430.

(a)a Chairperson who shall be an advocate of theHigh CourtofKenya ofnot less
than ten years standing;
(b)six persons who are holders of a law degree and have at least five years relevantknowledge and experience;
in subsection (3) by deleting the word"three"and
C substituting therefor the word"five";
P in subsection(9) by deleting the words"Cabinet Secretaryand substituting therefor the word "Judicial Service Commission"
138.The Public Private Partnerships Act is amended by deleting section 76 and substituting therefor the
followingnew section

Deputyregistrar.

76.The Judicial Service Commission shall appoint a Deputy Registrarwho has the
followingqualifications-
(a) holds a degree in law from a university recognised in Kenya;
(b)hasat least five years post qualification experience;and
(c)satisfies the requirements of ChapterSix of the Constitution.
139.The Public Private Partnerships Act is amended
in section 77 by-
(a) inserting the word"Petition"immediately after
the words"members of the";
b by deleting the words "Cabinet Secretary"and substituting therefor the word Judicial Service Commission".
140.The Public Private Partnerships Act is amended by deleting section78 and substituting thereof the following new section-

Conflict of interest.

78.AmemberofthePetition Committee who has a direct or indirect interest in a matter before the Petition Committee shall declare the interest and

Repeal and replacementof section76 of Cap.

430.

Amendmentof section 77of Cap. 430.

Repeal and replacement of section78of Cap. 430.

shall not participate in any proceedings of thePetition Committeeon thematter.

141.Section 79 of thePublicPrivatePartnershipsAct
is amended by deleting subsection (l) and substituting therefor the followingnew subsection
(1)Aperson shall not-
(a) without reasonable cause or lawful excuse, obstructor hinder,assaultor threaten a member of thePetition Committee actingunder thisAct;
(b) withoutjustification,failtoprovideinformation required by the Petition committee under this Act,
(C) without justification,fail toprovideinformation within reasonable time that is required by the Petition committee under thisAct;
(d)
submit false or misleading information to the Petition Committee;
(e) misrepresent to orknowingly mislead a member of the Petition Committee acting under this Act;
or
interfere with or exert undue influence on any member of thePetition Committee.
142.Section 80 of the PublicPrivate PartnershipsAct is amended by inserting the word "Petition"immediately
before theword"Committee"

Amendment of section 79of Cap.

430.

Amendment of section 80 of Cap. 430.

MEMORANDUM OFOBJECTSANDREASONS

Statement of the objects and reasons for the Bill

The principal object of this Bill is to give effect to Articles 159(1),

160(1),161(1) and 169(1)(d)of the Constitution in relation to thegovernance and administrative framework of tribunals in Kenya.Pursuant to this objective,theBill proposes toreform the tribunal system inKenyaby,among other things,rationalizing and regulating the administration and functions of tribunals.

Part Iof the Bill contains the preliminary provisions including the short title,interpretation ofwords and expressions,objects andpurposeof theActand the scope ofapplication of theAct.

Part Il of the Bill provides for the establishment and administration ofTribunals.Clause 5 of the Bill provides for additional functions of the Judicial Service Commission. Clause 6provides for the establishment of the Office of the Registrar of Tribunals whilst clause 7 sets out the functions of the Registrar to include the transmission and custody of documents in relation to Tribunals,the implementation of decisions of the Tribunals and causing to be kept records of the proceedings and minutes of the meetings of the Tribunals and such other records as the Judicial Service Commission may direct. This Part further seeks to create jurisprudence on the decisions of the Tribunals by requiring the Commission to have the decisions of Tribunalsreported by the National Council for Law Reporting. In addition,Clause 11 provides for the procedure tobe followed by the Executive,theJudiciary andParliament in establishing Tribunals. The procedures seek to include all arms of government in the establishment of Tribunals in view of the specialized nature of Tribunals and also to ensure transparency in the process. Clauses 12 and 13 provide for the procedure for the appointment of the chairpersons andmembers of Tribunals and the required qualificationsfor appointment. Clause 23and24 sets out the power of aTribunal toreview itsowndecision andempowersTribunalsto enforce theirdecisionssimilar to other courts. Clause 31 empowers the Chief Registrar to open bank accounts on behalf of Tribunals.

Part Ill of the Bill deals with the general provisions. Clause 32 requires themembers of Tribunals on appointment to subscribe to the oath of office. Clause 34 requires members of Tribunals to disclose any

conflictofinterestwithregards to anymatter under consideration.

Part IVof the Bill provides for the delegated provisions where the Chief Justice is given powers to make regulations for the carrying into effect theprovisions of theAct andrulesfor the effective discharge of themandateoftribunals.

Part V of the Bill provides for the savings and transitional

provisions.

The First Schedule setsout the oath or affirmation for the offices of

Chairperson and members of the Tribunals.

The Second Schedule provides for consequential amendments to severalActsofParliament.

Statement on the delegation of legislative powers and limitation of fundamental rights and freedoms

The Bill delegates legislative powers to the Chief Justice and

Tribunalsfor the better carrying into effect of the provisions of this Act and effective discharge of themandate of tribunals.

TheBill doesnotlimit anyrightorfundamental freedoms.

Statement on whether the Bill concerns county government

The Bill does not concern county governments in terms of Article 110of the Constitution.Pursuant to paragraph 8ofPart 1 of the Fourth Schedule to the Constitution,courts are a function of the National

Government.

Statement as to whether the Bill is a money Bill within the meaning of Article 1l4of the Constitution

The enactment of this Bill shall occasion additional expenditure of public funds.

Dated the29thAugust,2025

GEORGEGITONGAMURUGARA,

Chairperson,Departmental

Committee onJustice and Legal Affairs.

Machine-extracted text (Docling (OCR + layout), extracted 2 Jul 2026) from a scanned document — may contain recognition errors.

Recent mentions in Hansard

Matched by Bill name in the Hansard text; may include unrelated references.

1 Oct 2025Kimani Ichungwah (Kikuyu, UDA)
1 Oct 2025Hon. Kimani Ichung’wah (Kikuyu, UDA)
1 Oct 2025Hon. Kimani Ichung’wah (Kikuyu, UDA)
1 Oct 2025Kimani Ichungwah (Kikuyu, UDA)
1 Oct 2025Hon. Kimani Ichung’wah (Kikuyu, UDA)
1 Oct 2025Hon. Kimani Ichung’wah (Kikuyu, UDA)
26 Sep 2023Junet Mohamed (Suna East, ODM)

Source: parliament.go.ke (parliament.go.ke active listing). Last updated 3 Jul 2026.