Section 59 - Arbitration
All references to arbitration by an order in a suit, and all proceedings thereunder, shall be governed in such manner as may be prescribed by rules.
Section 59B - Reference of cases to mediation
(1) The Court may—
(a) on the request of the parties concerned; or
(b) where it deems it appropriate to do so, or
(c) where the law so requires,
direct that any dispute presented before it be...
Section 61 - Public nuisance
(1) In the case of a public nuisance, the Attorney-General, or two or more persons having the consent in writing of the Attorney- General, may institute a suit though no special damage has been...
Section 62 - Public charity
In the case of an alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the court is deemed necessary for the...
Section 63 - Supplemental proceedings
In order to prevent the ends of justice from being defeated, the court may, if it is so prescribed—
(a) issue a warrant to arrest the defendant and bring him before the court to show cause why he...
Section 65 - Appeal from other courts
(1) Except where otherwise expressly provided by this Act, and subject to such provision as to the furnishing of security as may be prescribed, an appeal shall lie to the High Court—
(a) Deleted by...
Section 66 - Appeal from decree of High Court
Except where otherwise expressly provided in this Act, and subject to such provision as to the furnishing of security as may be prescribed, an appeal shall lie from the decrees or any part of decrees...
Section 72 - Second appeal from the High Court
(1) Except where otherwise expressly provided in this Act or by any other law for the time being in force, an appeal shall lie to the Court of Appeal from every decree passed in appeal by the High...
Section 75 - Orders from which appeal lies
(1) An appeal shall lie as of right from the following orders, and shall also lie from any other order with the leave of the court making such order or of the court to which an appeal would lie if...
Section 76 - Other Orders
(1) Save as otherwise expressly provided, no appeal shall lie from any order made by a court in the exercise of its original or appellate jurisdiction; but, where a decree is appealed from, any error,...
Section 77 - What court to hear appeal
Where an appeal from any order is allowed, it shall lie to the court to which an appeal would lie from the decree in the suit in which the order was made.
Section 78 - Powers of appellate court
(1) Subject to such conditions and limitations as may be prescribed, an appellate court shall have power— (a) to determine a case finally;
(b) to remand a case;
(c) to frame issues and refer them...
Section 79B - Summary rejection of appeal
Before an appeal from a subordinate court to the High Court is heard, a judge of the High Court shall peruse it, and if he considers that there is no sufficient ground for interfering with the decree,...
Section 79C - Mode of hearing appeal
Appeals from subordinate courts shall be heard by one judge of the High Court except when in any particular case the Chief Justice shall direct that the appeal be heard by two or more judges of the...
Section 79F - Appeals by paupers
A person who has been allowed to take, defend or be a party to any legal proceedings in a subordinate court as a pauper may not appeal to the High Court, or from the High Court to the Court of Appeal,...
Section 80 - Review
Any person who considers himself aggrieved—
(a) by a decree or order from which an appeal is allowed by this Act, but from which no appeal has been preferred; or
(b) by a decree or order from...
Section 81 - Rules Committee
(1) There shall be a Rules Committee consisting of two judges of the High Court, two judges of the Court of Appeal, the Attorney- General and two advocates, one to be nominated by the Law Society of...
Section 82 - Exemption of certain women
(1) Women who according to the customs and manners of their community ought not to be compelled to appear in public shall be exempt from personal appearance in court.
(2) Nothing herein contained...
Section 86 - Language of courts
(1) The language of the High Court and of the Court of Appeal shall be English, and the language of subordinate courts shall be English or Swahili.
(2) Deleted by Act No. 17 of 1967, s. 41....
Section 87 - Assessors
(1) Any court may in any cause or matter pending before it in which questions may arise as to the laws or customs of any tribe, caste or community, summon to its assistance one or more competent...
Section 88 - Administration of oath on affidavit
In the case of any affidavit under this Act—
(a) any court, magistrate, registrar of a court, notary public or commissioner of oaths; or
(b) any officer or other person whom the High Court may...
Section 89 - Miscellaneous proceedings
The procedure provided in this Act in regard to suits shall be followed as far as it may be applicable in all proceedings in any court of civil jurisdiction.
Section 91 - Application for restitution
(1) Where and in so far as a decree is varied or reversed, the court of first instance shall, on the application of the party entitled to any benefit by way of restitution or otherwise, cause such...
Section 92 - Enforcement of liability of surety
Where any person has become liable as surety—
(a) for the performance of any decree or any part thereof; or
(b) for the restitution of any property taken in execution of a decree; or
(c) for the...
Section 95 - Enlargement of time
Where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this Act, the court may, in its discretion, from time to time, enlarge such period, even though the...