I I 28A
No. 41A
Kenya Information and Communications (Amendment)
2013
(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.
Procedure upon
complaint.
102B. (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).