No. 2 of 1998 Kenya Information and Communications [Rev. 2018] SECOND SCHEDULE [Section 102, Act No. 41A of 2013, ss. 2(2) and 43.] MEETINGS AND PROCEDURE OF THE APPEALS TRIBUNAL 1. Deleted by Act No. 41A of 2013, s. 43 2. Resignation Any member may at any time by notice in writing to the Minister resign his office. 3. Vacation of office of member (1) If a member of the Tribunal becomes a member of the Board or, in the case of a member other than the chairperson is appointed to the service of the Government or the Commission his office shall become vacant. (2) The chairperson or a member of the Tribunal may be removed from office by the Minister if he is— (a) unable to discharge the functions of his office by reason of mental or physical infirmity; or (b) an undischarged bankrupt; or (c) convicted of an offence involving fraud or dishonesty; or (d) convicted of a criminal offence and sentenced to imprisonment for a term exceeding six months or a fine exceeding ten thousand shillings. 4. Disclosure of interests If any member of the Tribunal has any interest in any particular proceedings before the Tribunal he shall so inform the Minster and the Minister may, after considering that interest, appoint another member in his place for the purpose of the particular proceedings. 5. Vacancy Where the office of any member becomes vacant, whether by death or otherwise, the Minister may appoint another person to be a member of the Tribunal for the remainder of the term of the member whose vacancy caused the appointment. 6. Temporary members In the event of the inability of any member of the Tribunal to attend for the purpose of any particular proceedings, the Minister may appoint a temporary member for the purposes of those proceedings. 7. Majority decisions The decision of the Tribunal shall be that of the majority and shall be signed by the members thereof agreeing thereto. 8. Powers The Tribunal shall have the powers of the High Court— (a) to administer oaths to the parties and witnesses to the proceedings; (b) to summon witnesses and to require the production of documents; (c) to order the payment of costs; and the provisions of the law relating to Commissions of Inquiry in Kenya with respect to— 86

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