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The HIV And AIDS Tribunal

The HIV and AIDS Tribunal is established under section 25 of the HIV and AIDS Prevention and Control Act.

It is composed of members appointed by the Attorney-General as follows—

(a) a chairman who shall be an advocate of the High Court of not less than seven years standing;

(b) two advocates of the High Court of not less than five years standing;

(c) two medical practitioners recognized by the Medical Practitioners and Dentists Board as specialists under the Medical Practitioners and Dentists Act (Cap. 253); and

(d) two persons having such specialized skill or knowledge necessary for the discharge of the functions of the Tribunal. 

At least two of the persons appointed under subsection (a), (b) and (c) above shall be women.

 

 

(a) complaints arising out of any breach of the provisions of this Act;

(b) any matter or appeal as may be made to it pursuant to the provisions of this Act; and

(c) such other functions as may be conferred upon it by this Act or by any other written law being in force.

(d) the Tribunal does not have criminal jurisdiction.

 

Any interested party may be represented before the Tribunal by an advocate or by any other person whom the Tribunal may, in its discretion, admit to be heard on behalf of the party.

 

the Tribunal shall have all the powers of a Chief Magistrates Court to;

  1. summon witnesses,
  2. take evidence upon oath or affirmation
  3. call for the production of books and other documents.
  4. receive evidence by affidavit
  5. administer interrogatories and require the person to whom the interrogatories are administered to make a full and true reply to the interrogatories within the time specified by the Tribunal
  6. take into consideration any evidence which it considers relevant to the subject of the matter before it, notwithstanding that the evidence would not otherwise be admissible under the Evidence Act (Cap. 80). (4).
  7. to summon expert evidence as may be necessary for the discharge of its functions under this Act.
  8. to award the costs of any proceedings before it or
  9. to direct that costs shall be taxed in accordance with any scale prescribed for suits in the High Court

All summons, notices or other documents issued under the hand of the Chairman of the Tribunal shall be deemed to be issued by the Tribunal.

 

(a) confirm, set aside or vary the order or decision in question;

(c) order for the payment of damages in respect of any proven financial loss, including future loss, or in respect of impairment of dignity, pain and suffering or emotional and psychological suffering as a result of the discrimination in question;

(d) directing that specific steps be taken to stop the discriminatory practice;

(e) for the maintenance of the status quo of any matter or activity which is the subject of the complaint or appeal until the complaint or appeal is determined;

(f) requiring the respondent to make regular progress reports to the Tribunal regarding the implementation of the Tribunal’s order.

(g) make such other order as may be appropriate in the circumstances;

Disobedience of a summons or request by the Tribunal is an offence and shall be liable upon conviction to a fine not exceeding fifteen thousand shillings or to imprisonment for a term not exceeding two years, or to both.

Tribunal shall on application of an applicant issue a certificate for costs or damages awarded for filing in the High Court.

Such filed certificate shall have same force as a decree of the High Court. (Section 29)

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