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FAQs

SCAT is a quasi-judicial tribunal established pursuant to section 22(1) of the State Corporations Act Cap 446 to hear and determine appeals from persons dissatisfied by the decision of Inspector-General (corporations) to surcharge.

SCAT’s play two important roles in the public sector, firstly, it provides redress forum for persons aggrieved by the decision of the Inspector-General (Corporations). Secondly, through its decisions it promotes good governance within state corporations.

Tribunal is located at Reinsurance Plaza 7th Floor, along Taifa Road, Nairobi.

No, currently the Tribunal only sits at its Reinsurance Plaza offices in Nairobi. However, plans are underway to ensure that these services are accessed by far flanged counties.

Appeal is lodge or filed at the Tribunal registry, located in its offices at Reinsurance Plaza, 7th Floor, Taifa Road, Nairobi.

Tribunal will accept a document in any form as long as shows the Jurisdiction of the case, parties, grounds of appeal, reliefs sought and its properly signed. However, litigants may refer to first schedule of the State Corporations Appeal Tribunal Rules, 2001 to familiarize themselves with set out forms.

An appeal will be deemed to have been filed after payment of the assessed filling fees. The said fees are set out in the second schedule of the State Corporations Appeal Tribunal Rules 2001.

Party(s) dissatisfied with the decision of the Tribunal may pursue an appeal at the High Court of Kenya.

The Tribunal adjudicates over appeals from persons dissatisfied by decision of Inspector-General (Corporations) to surcharge. Cases entertained at the Tribunal are civil in nature as they involve recovery of lost public funds.

No. Disputes arising from employment relationship are determined by Employment and Labour Relations Court (ELRC). Tribunal has jurisdiction in respect to appeals against the Inspector-General (Corporations)’s surcharge.

No. Enabling law allows Tribunal to only entertain appeals by persons surcharged by Inspector-General (Corporations).

No. Parties have a right to choose to be represented by an Advocate or act in person(self-representation). Where they appoint an advocate to represent them, a notice of appointment will be filed and served upon the adverse.

 

Tribunals are established to expeditiously determine disputes to allow for quick service delivery by the government. The law do not prescribe time limit for determination of appeals. In this regard, Tribunal endevours to hear and determine appeals as quick as possible, taking into consideration the complexity of the dispute and issues raised, number of witnesses and policy implication in public sector.

 

No. The Tribunal is a quasi-judicial body in an adversarial system and therefore only mandated to hear and determine appeals on the basis of law, facts and corroborated evidence.

 

Yes. Hearings of the tribunal are conducted in public unless good reasons are advanced to justify hearings in private.

 

Party will proceed to the registry, where their memorandum together with other documents will be assessed for payable filing fees. The party will thereafter be required to make payments of the assessed filling fees in full through an appropriate account. Thereafter, documents will be presented and accepted by the registry who will acknowledge the same by stamping the said documents.

 

An appeal is to be filed within thirty (30) days from the date of certificate of surcharge.

 

No. however, a party may with leave of Tribunal where reasonable grounds are demonstrated be allowed to put in their appeal out of time.