No. 2 of 1998
Kenya Information and Communications
[Rev. 2018]
(18) The Cabinet Secretary shall consider the complaint and, if satisfied that it
discloses a ground under subsection (16)(c)—
(a) may suspend the member pending the outcome of the complaint; and
(b) shall appoint a tribunal in accordance with subsection (19).
(19) The tribunal appointed under subsection (18) shall consist of—
(a) a person who holds or has held office as a Judge of a superior court,
who shall be the chairperson;
(b) at least two persons who are qualified to be appointed as Judge of
the High Court; and
(c) one other member who is qualified to assess the facts in respect of
the particular ground for removal.
(20) The tribunal shall investigate the matter expeditiously, report on the facts
and make a recommendation to the Cabinet Secretary, who shall act in accordance
with the recommendation within thirty days.
[Act No. 1 of 2009, s. 33, Act No. 6 of 2009, Sch, Act No. 41A of 2013, s. 37.]
102A. Complaints
(1) A person aggrieved by—
(a) any publication by or conduct of a journalist or media enterprise;
(b) anything done against a journalist or media enterprise that limits
or interferes with the constitutional freedom of expression of such
journalist or media enterprise; or
(c) any action taken, any omission made or any decision made by any
person under this Act,
may make a written complaint to the Tribunal setting out the grounds for the
complaint, nature of the injury or damage suffered and the remedy sought.
(2) A complaint under this section may be made—
(a) orally, either in person or by any form of electronic communication; or
(b) in writing, setting out the grounds for the complaint, nature of the injury
or damage suffered and the remedy sought.
(3) Where complaints are oral, the Tribunal may require them to be reduced
in writing within seven days, unless it is satisfied there are good reasons for not
doing so.
(4) A complainant shall disclose to the Tribunal—
(a) the complainant's name and address; and
(b) other information relating to the complainant's identity that the
Tribunal may reasonably require.
(5) Despite subsection (4), the Tribunal may—
(a) keep information provided by a complainant confidential if there are
special circumstances to do so, or the Tribunal considers it is in the
complainant's interests to do so; or
(b) accept an anonymous complaint concerning an issue of public interest
or where no clearly identifiable person or group is affected.
(6) The Tribunal may require a complainant to provide more information about
the complaint within such reasonable time as the Tribunal may determine.
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