Order 53, rule 2 of Civil Procedure Rules : Time for applying for certiorari in certain cases

Leave shall not be granted to apply for an order of certiorari to remove any judgment, order, decree, conviction or other proceeding for the purpose of its being quashed, unless the application for leave is made not later than six months after the date of the proceeding or such shorter period as may be prescribed by any Act; and where the proceeding is subject to appeal and a time is limited by law for the bringing of the appeal, the judge may adjourn the application for leave until the appeal is determined or the time for appealing has expired.

Disclaimer: This document is not to be taken as legal advice.
LPMS Logo

🧑‍⚖️ Manage Your Law Firm Better with SheriaPlex LPMS

Our powerful Legal Practice Management System is designed specifically for law firms in Kenya. Track cases, manage clients, generate invoices, handle tasks, and more — all in one secure, cloud-based platform.

  • 📁 Case & Matter Management
  • 💼 Client Profiles & Billing
  • 🧾 Invoicing & Payment Tracking
  • 📊 Analytics Dashboard
  • 🔒 Secure & Multi-User Access
Learn More

Cited By:

More Orders

Order 53, rule 3 - Application to be by notice of motion

(1) When leave has been granted to apply for an order of mandamus, prohibition or certiorari, the application shall be made within twenty-one days by notice of motion to the High Court, and there...

Order 53, rule 4 - Statements and affidavits

(1) Copies of the statement accompanying the application for leave shall be served with the notice of motion, and copies of any affidavits accompanying the application for leave shall be supplied on...

Order 53, rule 5 - Applicant to have right to begin

On the hearing of any such motion as aforesaid, the applicant shall have the right to begin.

Order 53, rule 6 - Right to be heard in opposition

On the hearing of any such motion as aforesaid, any person who desires to be heard in opposition to the motion and appears to the High Court to be a proper person to be heard shall be heard,...

Order 53, rule 7 - Provisions as to orders of certiorari for the purpose of quashing proceedings

(1) In the case of an application for an order of certiorari to remove any proceedings for the purpose of their being quashed, the applicant shall not question the validity of any order, warrant,...

Order 54, rule 2 - Transitional provisions

In all proceedings pending whether preparatory or incidental to, or consequential upon any proceedings in court at the time of the coming into force of these rules, the provisions of these rules shall...

Back to Kenya Acts