Kenyan Acts and Sections — Page 34

Section 59D of Civil Procedure Act CAP 21: Power to enforce private mediation agreements

All agreements entered into with the assistance of qualified mediators shall be in writing and may be registered and enforced by the Court.

Section 60 of Civil Procedure Act CAP 21: Power to state case for opinion of court

Where any persons agree in writing to state a case for the opinion of the court, then the court shall try and determine the same in the manner prescribed.

Section 61 of Civil Procedure Act CAP 21: 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 caused, for a declaration and injunction or for such other relief as may be appropriate to the circumstanc…

Section 62 of Civil Procedure Act CAP 21: 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 administration of the trust, the AttorneyGeneral, or two or more persons having an interest in the tr…

Section 63 of Civil Procedure Act CAP 21: 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 should not give security for his appearance, and if he fails to comply with any order for security commi…

Section 64 of Civil Procedure Act CAP 21: Compensation for arrest, attachment or injunction on insufficient grounds

(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under section 63— (a) it appears to the court that the arrest, attachment or injunction was applied for on insufficient grounds; or (b) the suit of the plaintiff fails and it appears to the co…

Section 65 of Civil Procedure Act CAP 21: 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 Act No. 10 of 1969, Sch.; (b) from any original decree or part of a decree of a subordinate court, oth…

Section 65A of Civil Procedure Act CAP 21: Renumbered as section 79B.

Renumbered as section 79B.

Section 66 of Civil Procedure Act CAP 21: 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 and from the orders of the High Court to the Court of Appeal.

Section 67 of Civil Procedure Act CAP 21: Appeal from original decree

(1) An appeal may lie from an original decree passed ex parte. (2) No appeal shall lie from a decree passed by the court with the consent of parties.

Section 68 of Civil Procedure Act CAP 21: Appeal from final decree where no appeal from preliminary decree

Where any party aggrieved by a preliminary decree does not appeal from that decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.

Section 69 of Civil Procedure Act CAP 21: Decision where appeal heard by two or more judges

Where an appeal is heard by a court consisting of two or more judges the appeal shall be decided in accordance with the opinion of the judges or a majority of them: Provided that where a court consisting of two judges is divided in its opinion the appeal shall be reheard by a court consisting of an…

Section 70 of Civil Procedure Act CAP 21: Renumbered as section 79A.

Renumbered as section 79A.

Section 71 of Civil Procedure Act CAP 21: Renumbered as section 79C.

Renumbered as section 79C.

Section 71A of Civil Procedure Act CAP 21: Second appeal from subordinate court

(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 from a decree passed by a subordinate court of the first class on an appeal from a subordinate court of the third clas…

Section 72 of Civil Procedure Act CAP 21: 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 Court, on any of the following grounds, namely— (a) the decision being contrary to law or to some usage…

Section 75 of Civil Procedure Act CAP 21: 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 leave were granted— (a) an order superseding an arbitration where the award has not been completed with…

Section 76 of Civil Procedure Act CAP 21: 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, defect or irregularity in any order affecting the decision of the case may be set forth as a ground…

Section 77 of Civil Procedure Act CAP 21: 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 of Civil Procedure Act CAP 21: 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 for trial; (d) to take additional evidence or to require the evidence to be taken; (e) to order a new tr…

Section 79 of Civil Procedure Act CAP 21: Procedure in appeals from appellate decrees and orders

The provisions of this Part relating to appeals from original decrees shall, as far as may be, apply to appeals— (a) from appellate decrees; and (b) from orders made under this Act or under any special or local law in which a different procedure is not provided.

Section 79A of Civil Procedure Act CAP 21: No decree to be altered for error not affecting merits or jurisdiction

No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the court.

Section 79B of Civil Procedure Act CAP 21: 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, part of a decree or order appealed against he may, notwithstanding section 79C, reject the appeal s…

Section 79C of Civil Procedure Act CAP 21: 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 High Court; and such direction may be given before the hearing of the appeal or at any time before jud…

Section 79D of Civil Procedure Act CAP 21: Grounds for second appeal from High Court

No second appeal from a decree passed in appeal by the High Court shall lie except on the grounds mentioned in section 72.

Section 79E of Civil Procedure Act CAP 21: No second appeal from High Court in certain cases

No second appeal from a decree passed in appeal by the High Court shall lie in any suit when the amount or value of the subject-matter of the original suit does not exceed ten thousand shillings unless special leave has been first obtained from the court before whom the appeal is to be heard.

Section 79F of Civil Procedure Act CAP 21: 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, except with the leave of the Court before whom the proceedings appealed against were heard or (if s…

Section 79G of Civil Procedure Act CAP 21: Time for filing appeals from subordinate courts

Every appeal from a subordinate court to the High Court shall be filed within a period of thirty days from the date of the decree or order appealed against, excluding from such period any time which the lower court may certify as having been requisite for the preparation and delivery to the appellan…

Section 80 of Civil Procedure Act CAP 21: 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 which no appeal is allowed by this Act, may apply for a review of judgment to the court which passed the dec…

Section 81 of Civil Procedure Act CAP 21: 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 Kenya and the other by the Mombasa Law Society, which shall have power to make rules not inconsistent…

Acts and laws in Kenya

Provisions