Civil Procedure Rules in Kenya

The provisions of rules 4 to 9 inclusive shall apply with any necessary modification where any defendant has failed to file a defence.

Where judgment has been entered under this Order the court may set aside or vary such judgment and any consequential decree or order upon such terms as are just.

This Order shall apply to all suits except small claims or such other suits as the court may by order exempt from this requirement.

After the close of the pleading's parties shall within ten days complete, file and serve the pre-trial questionnaire as provided in Appendix B.

(1) With a view to furthering expeditious disposal of cases and case management the court shall within thirty days after the close of pleadings convene a Case Conference in which it shall— (a) consider compliance with Order 3 rule 2 and Order 7 rule 5; (b) identify contested and uncontested...

Upon conclusion of the case conference the court shall issue a Case Conference Order in terms of Appendix C.

(1) With a view to providing an opportunity for settlement in every suit to which this Order applies the court shall within sixty days of the case conference in the case of a fast track case, and ninety days in the case of multi-track case, convene a settlement conference for the purpose of—...

Each party shall at least ten days before the trial conference, complete, file and exchange trial conference questionnaire form in Appendix D.

(1) At least thirty days before the hearing date of the suit a Trial Conference shall be convened by the court for the following purposes— (a) planning of trial time; (b) exploring the most expeditious way to introduce evidence and define issues; (c) granting leave to amend pleadings within a...

The memorandum and order stipulated in rule 4(4) shall bind the parties unless the court otherwise orders.

For the purposes of this Order, the Chief Justice may appoint case management judges and such number of case managers as he shall deem necessary.

If on the day fixed for hearing, after the suit has been called on for hearing outside the court, neither party attends, the court may dismiss the suit.

If on the day fixed for hearing, after the suit has been called on for hearing outside the court, only the plaintiff attends, if the court is satisfied— (a) that notice of hearing was duly served, it may proceed ex parte; (b) that notice of hearing was not duly served, it shall direct a second...

(1) If on the day fixed for hearing, after the suit has been called on for hearing outside the court, only the defendant attends and he admits no part of the claim, the suit shall be dismissed except for good cause to be recorded by the court. (2) If the defendant admits any part of the claim, the...

If only some of the plaintiffs attend, the court may either proceed with the suit or make such other order as may be just.

If only some of the defendants attend, the court may proceed with the suit and may give such judgment as is just in respect of the defendants who have not attended.

(1) Subject to subrule (2) and to any law of limitation of actions, where a suit is dismissed under this Order the plaintiff may bring a fresh suit. (2) When a suit has been dismissed under rule 3 no fresh suit may be brought in respect of the same cause of action.

Where under this Order judgment has been entered or the suit has been dismissed, the court, on application, may set aside or vary the judgment or order upon such terms as may be just.

Any party to a suit may give notice by his pleading, or otherwise in writing, that he admits the truth of the whole or part of the case of any other party.

Any party may at any stage of a suit, where admission of facts has been made, either on the pleadings or otherwise, apply to the court for such judgment or order as upon such admissions he may be entitled to, without waiting for the determination of any other question between the parties; and the...

(1) Subject to subrule (2), there shall be endorsed on every document which has been admitted in evidence in the suit the following particulars— (a) the number and title of the suit; (b) the party producing the document; the date on which it was produced; and (c) the endorsement shall be...

(1) Save in so far as is otherwise provided by any law relating to the production in evidence of bankers’ books, where a document admitted in evidence in the suit is an entry in a letter-book or a shop-book or other account in current use, the party on whose behalf the book or account is produced...

(1) Every document which has been admitted in evidence, or a copy thereof where a copy has been substituted for the original under rule 2, shall form part of the record of the suit. (2) Documents not admitted in evidence shall not form part of the record, and shall be returned to the persons...

Notwithstanding anything hereinbefore contained, the court may, if it sees sufficient cause, direct any document or book produced before it in any suit to be impounded and kept in the custody of an officer of the court for such period and subject to such conditions as the court thinks fit.

(1) Any person, whether a party to the suit or not, desirous of receiving back any document produced by him in the suit and placed on the record, shall, unless the document is impounded under rule 4, be entitled to receive back the same— (a) when the suit has been disposed of, and, if the suit is...

(1) The court may of its own motion, and may in its discretion upon the application of any of the parties to a suit, send for, either from its own records, or from any other court, the record of any other suit or proceeding and inspect the same. (2) Every application made under this rule shall...

The provisions herein contained as to documents shall, so far as may be, apply to all other material objects producible as evidence.

(1) Issues arise when a material proposition of fact or law is affirmed by the one party and denied by the other. (2) Issues are of two kinds— (a) issues of fact; and (b) issues of law. (3) Material propositions are those propositions of law or fact which a plaintiff must allege in order...

The court may frame the issues from all or any of the following materials— (a) allegations made on oath by the parties, or by any persons present on their behalf, or made by the advocates of such parties; (b) allegations made in the pleading or in answers to interrogatories delivered in the...

At any time before the trial conference under Order 11 the parties may obtain, on application to the court or to such officer as it appoints in this behalf, summonses to persons whose attendance is required either to give evidence or to produce documents.