Kenyan Acts and Sections — Page 50

Order 1, rule 25 of Civil Procedure Rules: Procedure

Applications under rules 10 and 19 may be made orally in Court or by summons in chamber.

Order 2, rule 1 of Civil Procedure Rules: Pleadings generally

(1) Every pleading in civil proceedings including proceedings against the Government shall contain information as to the circumstances in which it is alleged that the liability has arisen and, in the case of the Government, the departments and officers concerned. (2) In such proceedings if the defen…

Order 2, rule 2 of Civil Procedure Rules: Formal requirements

(1) Every pleading shall be divided into paragraphs numbered consecutively, each allegation being so far as appropriate contained in a separate paragraph. (2) Dates, sums and other numbers shall be expressed in figures and not words.

Order 2, rule 3 of Civil Procedure Rules: Facts not evidence, to be pleaded

(1) Subject to the provisions of this r. and rules 6, 7 and 8, every pleading shall contain, and contain only, a statement in a summary form of the material facts on which the party pleading relies for his claim or defence, but not the evidence by which those facts are to be proved, and the statemen…

Order 2, rule 4 of Civil Procedure Rules: Matters which must be specifically pleaded

(1) A party shall in any pleading subsequent to a plaint plead specifically any matter, for example performance, release, payment, fraud, inevitable accident, act of God, any relevant Statute of limitation or any fact showing illegality— (a) which he alleges makes any claim or defence of the opposit…

Order 2, rule 5 of Civil Procedure Rules: Matter may be pleaded whenever arising

Subject to rules 3 (1) and 6, a party may in any pleading plead any matter which has arisen at any time, whether before or since the filing of the plaint.

Order 2, rule 6 of Civil Procedure Rules: Departure

(1) No party may in any pleading make an allegation of fact, or raise any new ground of claim, inconsistent with a previous pleading of his in the same suit. (2) Subrule (1) shall not prejudice the right of a party to amend, or apply for leave to amend, his previous pleading so as to plead the alleg…

Order 2, rule 7 of Civil Procedure Rules: Particulars in defamation actions

(1) Where in an action for libel or slander the plaintiff alleges that the words or matters complained of were used in a defamatory sense other than their ordinary meaning, he shall give particulars of the facts and matters on which he relies in support of such sense. (2) Where in an action for libe…

Order 2, rule 8 of Civil Procedure Rules: Particulars of evidence in mitigation

In an action for libel or slander in which the defendant does not by his defence assert the truth of the statement complained of, the defendant shall not be entitled at the trial to give evidence in chief, with a view to mitigation of damages, as to the circumstances under which the libel or slander…

Order 2, rule 9 of Civil Procedure Rules: Points of law

A party may by his pleading raise any point of law.

Order 2, rule 10 of Civil Procedure Rules: Particulars of pleading

(1) Subject to subrule (2), every pleading shall contain the necessary particulars of any claim, defence or other matter pleaded including, without prejudice to the generality of the foregoing— (a) particulars of any misrepresentation, fraud, breach of trust, wilful default or undue influence on whi…

Order 2, rule 11 of Civil Procedure Rules: Admissions and denials

(1) Subject to subrule (4), any allegation of fact made by a party in his pleading shall be deemed to be admitted by the opposing party unless it is traversed by that party in his pleading or a joinder of issue under r. 10 operates as a denial of it. (2) A traverse may be made either by denial or by…

Order 2, rule 12 of Civil Procedure Rules: Denial by joinder of issue

(1) If there is no reply to a defence, there is a joinder of issue on that defence. (2) Subject to subrule (3)— (a) there is at the close of pleadings a joinder of issue on the pleading last filed; and (b) a party may in his pleading expressly join issue on the immediately preceding pleading. (3) Th…

Order 2, rule 13 of Civil Procedure Rules: Close of pleadings

The pleadings in a suit shall be closed fourteen days after service of the reply or defence to counterclaim, or, if neither is served, fourteen days after service of the defence, notwithstanding that any order or request for particulars has been made but not complied with.

Order 2, rule 14 of Civil Procedure Rules: Technical objection

No technical objection may be raised to any pleading on the ground of any want of form.

Order 2, rule 15 of Civil Procedure Rules: Striking out pleadings

(1) At any stage of the proceedings the court may order to be struck out or amended any pleading on the ground that— (a) it discloses no reasonable cause of action or defence in law; or (b) it is scandalous, frivolous or vexatious; or (c) it may prejudice, embarrass or delay the fair trial of the ac…

Order 2, rule 16 of Civil Procedure Rules: Pleading to be signed

Every pleading shall be signed by an advocate, or recognised agent (as defined by Order 9, rule 2), or by the party if he sues or defends in person.

Order 2, rule 17 of Civil Procedure Rules: Proceedings in rem

An application under section 25(2) of the Government Proceedings Act (Cap. 40) may be made at any time before trial or during the trial.

Order 3, rule 1 of Civil Procedure Rules: Commencement of suit and case track allocation

(1) Every suit shall be instituted by presenting a plaint to the Court, or in such other manner as may be prescribed. (2) The claim shall indicate at the heading the choice of track; namely “small claims”, “fast track” or “multi-track”. (3) For purposes of this rule— (a) “small claim” refers to a si…

Order 3, rule 2 of Civil Procedure Rules: Documents to accompany suit

All suits filed under rule 1(1) including suits against the government, except small claims, shall be accompanied by— (a) the affidavit referred to under Order 4 rule1(2); (b) a list of witnesses to be called at the trial; (c) written statements signed by the witnesses excluding expert witnesses; an…

Order 3, rule 3 of Civil Procedure Rules: Register of civil suits and filing

(1) A register of suits, to be called the register of civil suits, shall be kept at every registry; and the particulars of every suit filed in a registry shall be entered in the register and all such suits shall be numbered in each year according to the order in which they are instituted in that reg…

Order 3, rule 4 of Civil Procedure Rules: Suit to include the whole claim

(1) Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim. (2) Where a plaintiff omits to sue in respect of or relinquishes any portion of his claim, he shall not afterwards s…

Order 3, rule 5 of Civil Procedure Rules: Joinder of causes of action

(1) Save as otherwise provided, a plaintiff may unite in the same suit several causes of action against the same defendant or the same defendants jointly; and any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may uni…

Order 3, rule 6 of Civil Procedure Rules: Only certain claims to be joined with a suit for recovery of immovable property

No cause of action shall, except with the leave of the court, be joined with a suit for the recovery of immovable property, except— (a) claims for mesne profits or arrears of rent in respect of the property claimed or any part thereof; (b) claims for damages for breach of any contract under which th…

Order 3, rule 7 of Civil Procedure Rules: Claims by or against executor, administrator or heir

No claim by or against an executor or administrator, as such, shall be joined with claims by or against him personally, unless the last-mentioned claims are alleged to arise with reference to the estate in respect of which the plaintiff or defendant sues or is sued as executor or administrator, or a…

Order 3, rule 8 of Civil Procedure Rules: Power of court to order separate trials

Where it appears to the court that any causes of action joined in one suit cannot be conveniently tried or disposed of together, the court may either on the application of any party or of its own motion order separate trials or may make such order as may be expedient.

Order 3, rule 9 of Civil Procedure Rules: Declaratory judgment

No suit shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make a binding declaration of right whether any consequential relief is or could be claimed or not.

Order 4, rule 1 of Civil Procedure Rules: Particulars of plaint

(1) The plaint shall contain the following particulars— (a) the name of the court in which the suit is brought; (b) the name, description and place of residence of the plaintiff, and an address for service; (c) the name, description and place of residence of the defendant, so far as they can be asce…

Order 4, rule 2 of Civil Procedure Rules: Money suit

(1) Where the plaintiff seeks the recovery of money, the plaint shall state the precise amount claimed, except where the plaintiff sues for mesne profits, or for an amount which will be found due to him on taking unsettled accounts between him and the defendant. (2) The provisions of this rule shall…

Order 4, rule 3 of Civil Procedure Rules: Where the subject-matter of the suit is immovable property

Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it.

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