Civil Procedure Rules in Kenya

Where by these Rules or by any judgment or order given or made, time for doing any act or taking any proceedings is limited by months, and where the word “month” occurs in any document which is part of any legal procedure under these Rules, such time shall be computed by calendar months unless...

Where any limited time less than six days from or after any date or event is appointed or allowed for doing any act or taking any proceedings, Sunday, Christmas Day and Good Friday, and any other day appointed as a public holiday shall not be reckoned in the computation of such limited time.

Where the time for doing any act or taking any proceeding expires on a Sunday or other day on which the offices are closed, and by reason thereof, such act or proceeding cannot be done, or taken on that day, such act or proceeding shall so far as regards the time of doing or taking the same, be held...

Except where otherwise directed by a judge for reasons to be recorded in writing, the period between the twenty-first day of December in any year and the thirteenth day of January in the year next following, both days included, shall be omitted from any computation of time (whether under these Rules...

The day on which an order for security for costs is served, and the time thenceforward until and including the day on which such security is given shall not be reckoned in the computation of time allowed to plead, or take any other proceeding in the cause or matter.

Where a limited time has been fixed for doing any act or taking any proceedings under these Rules, or by summary notice or by order of the court, the court shall have power to enlarge such time upon such terms (if any) as the justice of the case may require, and such enlargement may be ordered...

The time for delivering, amending, or filing any pleading, answer or other document of any kind whatsoever may be enlarged by consent in writing of the parties or their advocates without application to the court.

In any case in which any particular number of days not expressed to be clear days is prescribed under these Rules or by an order or direction of the court, the same shall be reckoned exclusively of the first day and inclusively of the last day.

(1) This rule applies to pleadings, notices, summonses (other than summonses on plaints), orders, rules and other proceedings. (2) Service shall normally be effected on a weekday other than Saturday and before the hour of five in the afternoon. (3) For the purpose of computing any period of time...

All applications to the court shall be by motion and shall be heard in open court unless the court directs the hearing to be conducted in chambers or unless the rules expressly provide.

Any application such as is referred to in section 25(2) of the Government Proceedings Act (Cap. 40), shall be made in the manner prescribed in rule 1.

No motion shall be made without notice to the parties affected thereby: Provided, however, that the court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail irreparable or serious mischief, may make any order ex parte upon such terms as to costs or...

Every notice of motion shall state in general terms the grounds of the application, and where any motion is grounded on evidence by affidavit, a copy of any affidavit intended to be used shall be served

If upon the hearing of any application, the court is of opinion that sufficient notice has not been given or that any person to whom notice has not been given ought to have had such notice, the court may adjourn the hearing thereof in order that such notice may be given upon such terms, if any, as...

The hearing of any application may from time to time be adjourned upon such terms as the court thinks fit.

A plaintiff may, without special leave, cause to be served any application or notice of any petition or summons upon any defendant who, having been duly served with a summons to enter an appearance, has failed to appear within the time limited for that purpose.

Notwithstanding anything contained in these Rules, the court may in any case direct that any business be disposed of in chambers which it thinks may be more conveniently disposed of in chambers than in court.

Any judge may adjourn into court any application made to him at chambers which he deems more convenient to be considered in court.

(1) Every order, rule or other statutory provision under or by virtue of which any application is made must ordinarily be stated, but no objection shall be made and no application shall be refused merely by reason of a failure to comply with this rule. (2) No application shall be defeated on a...

(1) It shall not be necessary in an originating summons, application or other process to ask for costs, or for general or other relief, which may be granted by the court as it thinks just. (2) Unless the court otherwise orders for special reasons to be recorded, costs awarded upon an originating...

All applications or other process shall be deemed to have been made when filed in court.

(1) An application taken out in any proceedings need only be signed by the advocate representing the applicant, or the applicant himself if acting in person, and need not be signed by or on behalf of the court. (2) Every application shall bear at the foot the words— “If any party served does not...

(1) Any respondent who wishes to oppose any application may file t any one or a combination of the following documents — (a) a notice preliminary objection: and/or; (b) replying affidavit; and/or (c) a statement of grounds of opposition; (2) the said documents in subrule (1) and a list of...

The court may set aside an order made ex parte.

The court may, in its discretion, limit the time for oral submissions by the parties or their advocates or allow written submissions.

In this Order— “the Act” means the Advocates Act (Cap. 16); “the Disciplinary Committee” means the Disciplinary Committee established under section 57 of the Advocates Act; Cap. 18. “the Society” means the Society established and incorporated by section 3 of the Law Society of Kenya Act.

(1) A petition of appeal to the Chief Justice under section 26(2) of the Act shall have annexed to it a copy of the decision of the registrar appealed from. (2) Every petition of appeal shall be served on the Society which shall have the right to be heard. (3) A petition of appeal to the Chief...

(1) Any application under section 45 of the Act shall be intituled in the matter of the Act and shall be supported by affidavit. (2) An application under section 45(2) of the Act shall be served on the advocate. (3) An application under section 45(4) of the Act shall be served on the guardian,...

(1) Where the relationship of advocate and client exists or has existed the court may, on the application of the client or his legal personal representative, make an order for— (a) the delivery by the advocate of a cash account; (b) the payment or delivery up by the advocate of money or...

(1) An application under section 50(1) of the Act shall be by originating summons supported by affidavit. (2) The summons shall be served on the advocate and on the party chargeable with the bill.