[Rev. 2018]
Kenya Information and Communications
No. 2 of 1998
102F. Appeals to the Tribunal
(1) Unless otherwise expressly provided in this Act, the Media Council Act
or any other law, where this Act or the Media Council Act, empowers the Media
Council or the Authority to make decisions, such decisions may be subject to an
appeal to the Tribunal in accordance with such procedures as may be established
by the Tribunal for that purpose.
(2) Any person who is aggrieved by an action or decision of the Media Council,
the Authority or a person licensed under this Act, may within sixty days after
the occurrence of the event or the making of the decision, against which he is
dissatisfied, make a claim or appeal to the Tribunal.
(3) Upon any appeal, the Tribunal may—
(a) confirm, set aside or vary the order or decision in question;
(b) exercise any of the powers which could have been exercised by the
Media Council or the Authority in the proceedings in connection with
which the appeal is brought; or
(c) make such other order, including an order for costs, as it may consider
necessary.
[Act No. 41A of 2013, s. 37.]
102G. Appeals from decision of the Tribunal
(1) Any person aggrieved by a decision or order of the Tribunal may, within
thirty days of such a decision or order, appeal against such decision or order to
the High Court.
(2) No decision or order of the Tribunal shall be enforced until the time for
lodging an appeal has expired or, where the appeal has been commenced until the
appeal has been determined.
(3) The decision of the High Court on any appeal under this section shall be
final.
[Act No. 41A of 2013, s. 37.]
102H. Assessors
The chairperson of the Tribunal may appoint any persons with special skills or
expert knowledge on any issues which are the subject matter of any proceedings or
inquiry before the Tribunal to act as assessors in an advisory capacity, in any case
where it appears to the Tribunal that such special skills or knowledge are required
for proper determination of the matter.
[Act No. 41A of 2013, s. 37.]
102I. Remuneration of members of the Tribunal
The chairperson and members of the Tribunal shall be paid such allowances as
the Salaries and Remuneration Commission may determine.
[Act No. 41A of 2013, s. 37.]
102J. Liability of Tribunal members
The chairperson or other members of the Tribunal shall not be liable to be sued
in a civil court for an act done or omitted to be done or ordered to be done by them
in the discharge of their duty as members of the Tribunal, whether or not within
the limits of their jurisdiction, provided they, at the time, in good faith, believed
themselves to have jurisdiction to do or order the act complained of, and no officer
of the Tribunal or other person bound to execute the lawful warrants, orders or other
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