[Rev. 2018] Kenya Information and Communications No. 2 of 1998 (7) The Tribunal may, at any time, require a complaint or information provided by a complainant to be verified by the complainant by oath or statutory declaration. (8) Without prejudice to the functions of the Authority or the Media Council, the Authority or the Council may take up a complaint on its own initiative, and forward the same to the Tribunal for determination where in its opinion the complaint has public interest implications. [Act No. 1 of 2009, s. 34, Act No. 41A of 2013, s. 37.] 102B. Procedure upon complaint (1) Upon receipt of a complaint, the Tribunal shall notify, in writing, the party against whom the complaint has been made, within fourteen-days of receipt of the complaint, stating the nature of the complaint, the breach, act or omission complained of and the date on which the matter shall be considered by the Tribunal. (2) The notice referred to in subsection (1) shall require the person against whom the complaint is made to respond to the complaint in writing or appear before it at the hearing of the complaint. (3) After considering each party's submissions, the Tribunal shall then conduct a preliminary assessment to determine the admissibility or otherwise of the complaint lodged within fourteen days. (4) The Tribunal or any of its panels may, after conducting a preliminary assessment of a complaint, and being of the opinion that the complaint is devoid of merit or substance, dismiss such complaint and give reasons thereto. (5) A party may, within fourteen days from the date of dismissal, apply for review or variation of the Tribunal's decision under subsection (4). [Act No. 41A of 2013, s. 37.] 102C. Proceedings by the Tribunal (1) The Tribunal shall sit at such times and in such places as it may appoint. (2) The proceedings of the Tribunal shall be open to the public save where the Tribunal, for good cause, otherwise directs. (3) For purposes of hearing and determining any cause or matter under this Act or the Media Council Act, the chairperson and four members of the Tribunal shall form a quorum. (4) A member of the Tribunal who has a direct interest in any matter which is the subject of the proceedings before the Tribunal shall not take part in those proceedings. (5) Any person who is a party to proceedings before the Tribunal may appear in person or be represented by an Advocate before the Tribunal. (6) Except as expressly provided in this Act, the Media Council Act, or any regulations made thereunder, the Tribunal shall regulate its own procedure. [Act No. 41A of 2013, s. 37.] 102D. Attendance before the Tribunal (1) The Tribunal may— (a) make such orders for the purposes of securing the attendance of any person at any place where the Tribunal is sitting, discovery or production of any document concerning a matter before the Tribunal or the investigation of any contravention of this Act or the Media Council Act, as it deems necessary or expedient; 79

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