Civil Procedure Rules in Kenya

(1) An application for a charging order under section 52 of the Act shall be made in the suit or matter by summons in chambers supported by affidavit. (2) The application shall be served on the client.

(1) An application for an order for the enforcement of an undertaking given by an advocate shall be made— (a) if the undertaking was given in a suit in the High Court, by summons in chambers in that suit; or (b) in any other case, by originating summons in the High Court. (2) Save for special...

(1) A memorandum of appeal under section 62(1) or section 73(1) of the Act shall be intituled “in the matter of the Act”, and “in the matter of an advocate”, or, as the case may be, an advocate’s clerk, without naming him. (2) Unless the court otherwise orders, the persons to be served with the...

(1) An appellant under section 62(1) or section 73(1) of the Act may at any time discontinue his appeal by filing a notice of discontinuance and serving it on every party to the appeal and on the society. (2) Where an appeal has been discontinued under sub-rule (1) it shall be treated as having...

(1) An originating summons under this Order shall be made returnable for a fixed date before a judge in chambers and, unless otherwise directed, shall be served on all parties at least seven clear days before the return date. (2) No appearance need be entered to the summons and no affidavit in...

(1) No application for an order of mandamus, prohibition or certiorari shall be made unless leave therefor has been granted in accordance with this rule. (2) An application for such leave as aforesaid shall be made ex parte to a judge in chambers, and shall be accompanied by a statement setting...

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...

(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 shall, unless the judge granting leave has otherwise directed, be at least eight clear days between the...

(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 demand and no grounds shall, subject as hereafter in this rule provided, be relied upon or any relief...

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

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, notwithstanding that he has not been served with the notice or summons, and shall be liable to costs in the...

(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, commitment, conviction, inquisition or record, unless before the hearing of the motion he has lodged a...

The Civil Procedure Rules are revoked.

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 thereafter apply, but without prejudice to the validity of anything previously done: Provided...