Kenyan Acts and Sections — Page 70

Order 51, rule 15 of Civil Procedure Rules: Setting aside ex parte order

The court may set aside an order made ex parte.

Order 51, rule 16 of Civil Procedure Rules: Court may limit time for submissions

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

Order 52, rule 1 of Civil Procedure Rules: Interpretation

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.

Order 52, rule 2 of Civil Procedure Rules: Appeals to the Chief Justice

(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 Justi…

Order 52, rule 3 of Civil Procedure Rules: Applications with respect to remuneration

(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, commi…

Order 52, rule 4 of Civil Procedure Rules: Power to order advocate to deliver accounts and documents

(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 securities;…

Order 52, rule 5 of Civil Procedure Rules: Application for taxation by third parties

(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.

Order 52, rule 6 of Civil Procedure Rules: Application for charging order

(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.

Order 52, rule 7 of Civil Procedure Rules: Application for order for enforcement of an undertaking

(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 reason…

Order 52, rule 8 of Civil Procedure Rules: Title and service of appeal

(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 memo…

Order 52, rule 9 of Civil Procedure Rules: Discontinuance of appeal

(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 been…

Order 52, rule 10 of Civil Procedure Rules: Procedure

(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 reply…

Order 53, rule 1 of Civil Procedure Rules: Applications for mandamus, prohibition and certiorari to be made only with leave

(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 out…

Order 53, rule 2 of Civil Procedure Rules: Time for applying for certiorari in certain cases

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…

Order 53, rule 3 of Civil Procedure Rules: Application to be by notice of motion

(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…

Order 53, rule 4 of Civil Procedure Rules: Statements and affidavits

(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…

Order 53, rule 5 of Civil Procedure Rules: Applicant to have right to begin

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

Order 53, rule 6 of Civil Procedure Rules: Right to be heard in opposition

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 d…

Order 53, rule 7 of Civil Procedure Rules: Provisions as to orders of certiorari for the purpose of quashing proceedings

(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 c…

Order 54, rule 1 of Civil Procedure Rules: Revocation of Civil Procedure Rules. Sub. leg.

The Civil Procedure Rules are revoked.

Order 54, rule 2 of Civil Procedure Rules: Transitional provisions

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 that:…

Section 1 of The Children Act CAP 141: Short title

This Act may be cited as the Children Act.

Section 2 of The Children Act CAP 141: Interpretation

In this Act, unless the context otherwise requires— "abandoned" in relation to a child, means a child— (a) who has been deserted by the parent, guardian or caregiver; or (b) whose parent, guardian or care giver has wilfully failed to make contact with the child for a period of more than six months;…

Section 3 of The Children Act CAP 141: Objects of the Act

The objectives of this Act are to— (a) give effect to the provisions of Articles 27, 47, 48, 49, 50, 51 and 53 of the Constitution on matters relating to children; and (b) give effect to the State’s obligations concerning the wellbeing of children in accordance with the general rules of internationa…

Section 4 of The Children Act CAP 141: Conflict of laws

(1) This Act shall prevail in the case of any inconsistency between this Act andany other legislation on children matters. (2) Despite subsection (1), a provision in another legislation on children mattersmay prevail if it offers a greater benefit in law to a child. (3) A judicial or administrative…

Section 5 of The Children Act CAP 141: Realization of the rights of the child

(1) The State shall take measures to progressively achieve the full realizationof the rights of the child set out in this Part. (2) The Cabinet Secretary shall ensure development, review andimplementation of relevant policies, laws and programs to give effect to subsection (1).

Section 6 of The Children Act CAP 141: Survival and development of the child

(1) Every child shall have the right to life, survival, wellbeing, protection anddevelopment. (2) For the purposes of subsection (1), no court shall pass a death sentencefor any offence committed by a child.

Section 7 of The Children Act CAP 141: Name and nationality

(1) Every child shall have a right to a name and nationality and, as far aspossible, the right to know and be cared for by their parents. (2) Every child has the right to be registered in the Register of Birthsimmediately after birth in accordance with the Births and Deaths Registration Act (Cap. 14…

Section 8 of The Children Act CAP 141: Best interests of the child

(1) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies— (a) the best interests of the child shall be the primary consideration; (b) the best interests of the child shall include, but…

Section 9 of The Children Act CAP 141: Non-discrimination

(1) No person shall discriminate against a child on the grounds of age, origin,sex, religion, creed, custom, language, opinion, conscience, colour, birth, health status, pregnancy, social, political, economic or other status, race, disability, tribe, residence or local connection or any other status…