The Tribunals Bill, 2025
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
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Executive
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Final
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Registrar of Tribunals Office Created
Establishes the Office of the Registrar of Tribunals under the Judicial Service Commission (JSC). The Registrar, who must be an advocate of the High Court with at least 10 years of post-qualification experience, will handle the day-to-day administration, registry operations, and budgeting of all regulated tribunals.
Standardized Competitive Appointments
Requires all Tribunal Chairpersons and members to be appointed competitively by the Judicial Service Commission (JSC). Chairpersons must be advocates of the High Court of Kenya with at least 10 years of post-qualification experience, while members must hold a relevant university degree and at least 5 years of professional experience.
Strict Dispute Resolution Timelines
Mandates that tribunals must hear and determine any matter filed before them within six months of filing, unless the specific enabling Act dictates a shorter timeline. The Chief Registrar of the Judiciary is empowered to allocate resources to facilitate this target.
Strict Restrictions on New Tribunals
Prohibits the creation of any new tribunal without a formal written request and strategic feasibility assessment from the responsible Cabinet Secretary to the JSC, which must then consult the National Treasury on financial implications within 60 days of receiving the request.
Bill No.
No. 43 of 2025
Gazette No.
Supplement No. 160 of 2025
Sponsor
George Gitonga Murugara
Background
Under the Constitution of Kenya, there has been a need to align specialized conflict resolution bodies with judicial standards. The Tribunals Bill, 2025 gives effect to Articles 159(1), 160(1), 161(1), and 169(1)(d) of the Constitution by rationalizing and regulating the administration, governance, and operations of tribunals under the Judicial Service Commission (JSC).
Key Amendments
The Bill transfers administrative, regulatory, and appointment oversight from line ministries and Cabinet Secretaries to the Judicial Service Commission (JSC). It makes consequential amendments to a wide array of existing statutes to execute this transition, including:
- Landlord and Tenant & Housing: Rent Restriction Act (Cap. 296); Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap. 301); Land Act (Cap. 280).
- Trade, Corporations & Finance: Standards Act (Cap. 496); Insurance Act (Cap. 487); State Corporations Act (Cap. 446); Capital Markets Act (Cap. 485A); Retirement Benefits Act (Cap. 197); Co-operative Societies Act (Cap. 490); Privatisation Act (No. 11 of 2023); Competition Act; Micro and Small Enterprises Act (Cap. 499C); Tax Appeals Tribunal Act (Cap. 469A); Nairobi International Financial Centre Act (Cap. 495); Kenya Accreditation Service Act (Cap. 496A); Public Private Partnerships Act (Cap. 430).
- Agriculture & Environment: Seeds and Plant Varieties Act (Cap. 326); Environmental Management and Coordination Act (Cap. 387); Biosafety Act (Cap. 320); Water Act (Cap. 372); Energy Act (Cap. 314).
- Intellectual Property, Security & Technology: Kenya Information and Communications Act (Cap. 411A); Industrial Property Act (Cap. 509); Copyright Act (Cap. 130); Refugees Act (Cap. 173); Civil Aviation Act (Cap. 394).
- Social Welfare, Governance & Education: HIV and AIDS Prevention and Control Act (Cap. 246A); Political Parties Act (Cap. 7D); Tourism Act (Cap. 381); Kenya Citizens and Foreign Nationals Management Service Act (Cap. 171); National Construction Authority Act (Cap. 118); Legal Education Act (Cap. 16B); Kenya National Examinations Council Act (Cap. 214A); National Transport and Safety Authority Act (Cap. 404); Basic Education Act (Cap. 211); Public Benefits Organizations Act (Cap. 134); Sports Act (Cap. 223).
New Obligations
- Secretariat and Staffing: A Tribunals Secretariat is established, headed by the Registrar of Tribunals and staffed by officers appointed or seconded by the JSC.
- Standardized Composition: Each tribunal must consist of a minimum of three members, including a Chairperson and members, appointed through a competitive process. Members are appointed for a term of 5 years, renewable once.
- Dispute Resolution Period: Tribunals must resolve filed cases within 6 months.
- Financial Reporting: The Chief Registrar must prepare and submit annual financial statements and reports on the activities of the tribunals to the JSC at the end of each financial year.
- Conflict of Interest: Members are obligated to declare any direct or indirect personal interest in matters before the tribunal and recuse themselves from deliberations on those matters.
Penalties
- General Offences: Any person who obstructs, hinders, or threatens a tribunal member or officer, disregards tribunal orders, or submits false or misleading information commits an offence. Upon conviction, they are liable to a fine of not less than KSh 200,000, imprisonment for a term of not less than one year, or both.
- Failure to Disclose Conflict: Members who fail to disclose conflicts of interest commit an offence.
- Other Unspecified Offences: Any offence under the Act for which no specific penalty is provided is punishable by a fine not exceeding KSh 250,000, imprisonment for a term not exceeding six months, or both.
Transitional Provisions
- Tenure of Current Members: Chairperson and members of existing tribunals who were in office immediately before the commencement of this Act shall remain in office for their unexpired terms.
- Staffing Transition: Within 18 months of commencement, the JSC shall employ tribunal staff from among persons who were previously public officers serving in the tribunals, subject to applications and suitability assessments.
- Asset and Debt Disposal: Within 18 months, the JSC, in consultation with relevant ministries, will assess and dispose of existing tribunal assets and require relevant entities to liquidate all outstanding debts of the tribunals.
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