TRIBUNALS.

Bodies established by Acts of Parliament to exercise judicial or quasi-judicial functions.

Classified as any tribunal established under written law.1They are classified under subordinate
courts.2Aim of tribunals is to give fair administrative action. The constitution gives tribunals
power to act.3 The judicial authority however requires adherence to principles of justice, speedy
hearings, and employment of ADR methods and avoidance of procedural technicalities.4 The
flexibility in tribunal has thus lead to their increased incorporation in the judicial system in turn
reducing workload in courts. They work hand in hand with ordinary courts and are under the
supervision of the High Court.

ADVOCATES COMPLAINTS COMMISSION.

Established under section 3 Advocates Act, for purposes of inquiry against advocates.5The
commission is tasked with investigating advocates reported, reconciling parties, upon
investigation of advocates forwarding reports to the disciplinary committee.6 Lastly, it is tasked
with prosecution on the disciplinary committee.

Commission members are appointed by the president. They are required to have qualifications
necessary for appointment of a High Court judge.7 The commission shall have meetings at least
twice a year. With a quorum of at least two commissioners.

The decision of the disciplinary committee is final thus, no appeals are welcomed.8

LAND DISPUTES TRIBUNAL

Established under land disputes tribunal Act.9

1
Section 2 Fair Administrative Actions Act.
2
Article 169(d) The Constitution of Kenya 2010.
3
Article 159(1) The constitution of Kenya 2010
4
Article 159(3) The constitution of Kenya 2010
5
Section 53(1) Advocates Act ,chapter 16 (2014)
6
Section 53(4) Advocates Act, chapter 16 (2014)
7
Section 52(2) Advocates Act, chapter 16 (2014)
8
Section 53(6A) Advocates Act chapter 16 (2014)
9
land Disputes Tribunal Act no19 (1990)
 Established to limit the jurisdiction of magistrates courts in certain land matters. It deals with
disputes of civil nature regarding division of land, determination of boundaries, claims to occupy
or work land and trespass to land.10 The cabinet secretary appoints members to the tribunal from
the elders .The county commissioners select the chair.11

Disputes are registered in the area upon which the land is situated.12The Tribunal shall adjudicate
upon the claim and reach a decision in accordance with recognized customary law. 13

The Tribunals to be served on the person affected by the decision and the determination shall be
filed in the magistrate’s court, and a judgement entered and a decree made. 14

Appeals are to the land disputes appeals committee whose decision is final, unless an issue of
law is not met then one can appeal to the High Court.15

MEDICAL PRACTITIONERS AND DENTIST BOARD

Established under section 4.16 Purpose being the registration of medical practitioners and
dentists as well as dentists, secondly exercise disciplinary action upon them.17

Composed of 6 members appointed by cabinet secretary, 5 elected by practitioners, 3 elected by

virtue of office. Seven members including the chair shall constitute quorum.18 If a medical
practitioner registered or linked under the Act is convicted of an offence under the Act or under
The Penal Code, is subject to inquiry by the board.19 The process takes three critical stages, the
preliminary inquiry to establish cause of action and try engaging alternative dispute resolution
methods. Secondly the professional conduct committee who analyses the case and if need for
prosecution refer the matter to the full board tribunal for prosecution and decision-making. 20

10
Section 3(1) land Disputes Tribunal Act no19 (1990)
11
Section 4(2) land Disputes Tribunal Act no19 (1990)
12
Section3(2) land Disputes Tribunal Act no19 (1990)
13
Sction3(7) land Disputes Tribunal Act no19 (1990)
14
Section 7 land Disputes Tribunal Act no19 (1990)
15
Section 8 land Disputes Tribunal Act no19 (1990)
16
Medical Practitioners and Dentists Act cap 253
17
Section 4(3)
18
section4(8)
19
Section 20
20
Rule 4A of the Medical Practitioners and Dentists (Disciplinary Proceeding) (Procedure) Amendment Rules, 2013
If found guilty of an offence the board may remove his name from the register or cancel his
license provided the decision is supported by 10 members of the board.21One can appeal the
decision of the tribunal to the High Court.22

4. SEEDS AND PLANT TRIBUNAL.

Established under section 28.23 Hears matters on refusal to register plant varieties in the index of
names or failure to be provided plant breeder rights.24Members are appointed by the cabinet
secretary who then makes regulations to be used in the appeals lodged in the tribunal.25Appeals
can be taken to the High court but only restricted to points of law.26

5. NATIONAL ENVIRONMENTAL TRIBUNAL.

Established under section 12527.Hear appeals arising from admistrative action of the National
Environmental Management Authority and Forest Service board and those from Kenya Wildlife
Service.28Hears appeals on licenses, imposition of conditions. Revocation, suspension of
variation of licenses on environmental restoration.

Composition. Chair appointed by judicial service commission, One member of the lsk,3
appointed by cabinet secretary. Quorum constitutes two members and the chair.29Appeals can be
welcomed to the High Court within 30 days. Decisions of the High Court are final.30

21
Section 20 The Medical Practitioners and Dentists (Disciplinary Proceeding) (Procedure) Amendment Rules, 2013
22
Section 20 The Medical Practitioners and Dentists (Disciplinary Proceeding) (Procedure) Amendment Rules, 2013
23
The seeds and plant variations Act cap326.
24
Section28 (1) The seeds and plant variations Act cap326.
25
Section 28(2) The seeds and plant variations Act cap326.
26
Section 29(3) The seeds and plant variations Act cap326.
27
National Environmental and Coordination Act no 8 of 1999
28
Section 125 National Environmental and Coordination Act no 8 of 1999.
29
Section 128(1) National Environmental and Coordination Act no 8 of 1999
30
Section 30 National Environmental and Coordination Act no 8 of 1999.