24 EAST AFRICAN COMMUNITY GAZETTE 5th May, 2010 Rule 58: Commission to examine witnesses (1) The Court may issue a commission or letter of request for the examination, on interrogatories or otherwise, of any person resident within the limits of its jurisdiction who is from sickness or infirmity unable to attend Court. (2) The Court may issue a commission for the examination of: (a) any person resident beyond the local limits of its jurisdiction; (b) any person who is about to leave such limits before the date on which he or she is required to be examined in Court; (c) any civil or military officer of a Government of any Partner State, or any servant of the Community who in the opinion of the Court cannot attend without detriment to the public service. (3) Where application is made for issue of a commission or letter of request for the examination of a person residing outside the jurisdiction of the Court, the Court must be satisfied that the evidence of such person is necessary, before issuing such commission or letter of request. (4) Where a commission has been duly executed, it shall be returned, together with the evidence taken under it, to the Court, and the commission and the return thereto and the evidence taken under it shall form part of the record of the proceedings. (5) Before issuing any commission, the Court may order such sum as it thinks reasonable for the expenses of the commission, to be paid into the Court within a fixed time by the party at whose instance or for whose benefit the commission is issued. XII (c) TRIAL PROCEEDINGS Rule 59: Quorum of the Court (1) The quorum for the First Instance Division shall be three (3)Judges, one of whom shall be the Principal Judge or Deputy Principal Judge: provided that having regard to the public importance of the matter or to any conflict or other complexity in the law applicable, the Principal Judge or on application by any party, the Court may direct such matter to be heard and determined by a full bench of the Division. (2) The following interlocutory matters may be dealt with and determined by a single judge: (a) application for extension of time prescribed by these Rules; (b) application for extension of validity of notification; (c) application for an order for substituted service; (d) application for examining serving officer; (e) application for leave to amend pleadings; (f) Scheduling conference.