The Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules

AI-assisted research summary: These rules may be cited as the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules.

AI-assisted research summary: Defines "publication" or similar recorded matter as any written, expressed, or inscribed matter on any substance by letters, figures or marks intended to be used for recording that matter.

AI-assisted research summary: These Rules apply to proceedings under Article 22, and the Court must facilitate just, expeditious, proportionate and affordable resolution of all cases in exercise of its jurisdiction under these rules.

AI-assisted research summary: Applications under rule 4 must be made by petition in Form A; petitions must be signed by the petitioner or the advocate; the Court may accept oral or other informal applications subject to rules 9 and 10; oral applications accepted must be reduced into writing by the Court.

AI-assisted research summary: If a party wants to rely on a document, that document must be annexed to the supporting affidavit or to the petition if there is no supporting affidavit.

AI-assisted research summary: The Registrar must make a prescribed form available in the Registry to help petitioners who bring oral applications have them reduced to writing.

AI-assisted research summary: A petition filed under certificate of urgency may be placed before a Judge for appropriate orders or directions.

AI-assisted research summary: The petitioner must serve the respondent with the petition, documents and annexures within 15 days of filing or within a time the court directs.

AI-assisted research summary: The Attorney-General or any State organ must, within fourteen days of service of a petition, respond by a replying affidavit and annex any relied-upon documents; a respondent may file replying documents within fourteen days and may file a cross-petition disclosing the matters in rule 10(2).

AI-assisted research summary: If a respondent fails to respond in the time set by rule 15, the Court may hear and decide the petition without the respondent; the Court may later set aside that order on its own motion or if the respondent or an affected party applies.

AI-assisted research summary: The Court may consolidate several petitions either on its own motion or on application by any party, on such terms as it considers just.

AI-assisted research summary: A party may amend its pleadings at any stage of the proceedings with the leave of the Court.

AI-assisted research summary: Formal applications must be by Notice of Motion and may be supported by an affidavit.

AI-assisted research summary: A person affected or likely to be affected by an alleged denial, violation, infringement or threat to a constitutional right or fundamental freedom may apply to the High Court.

AI-assisted research summary: If the petitioner is unsure who should be sued, the petitioner may join two or more respondents so the court can decide who is liable and to what extent.

AI-assisted research summary: The Court may allow a knowledgeable person to appear as a friend of the Court.

AI-assisted research summary: A person may, with leave of the Court, make an oral or written application to be joined as an interested party; a court may on its own motion join any interested party to the proceedings before it.

AI-assisted research summary: The High Court may order that a petition be transferred to another court of competent jurisdiction, either on its own motion or on the application of a party; subsection (1) states where cases are to be instituted.

AI-assisted research summary: The Court may order that notice of the petition be posted or published (on the Court notice board, in the Gazette, a national daily or the Judiciary’s website).

AI-assisted research summary: Section 20 authorises the Court to determine how a petition is heard (by affidavits, written submissions or oral evidence) and grants the Court and parties certain powers regarding oral evidence and witnesses.

AI-assisted research summary: A Judge can require parties to file and serve written submissions within fourteen days (or another time the Judge directs); a party may, with the Court's leave, file further information; the Court may frame issues and give directions to ensure an expeditious hearing.

AI-assisted research summary: Each party may file written submissions.

AI-assisted research summary: A Judge before whom a petition under rule 4 is presented must hear and determine an application for conservatory or interim orders.

AI-assisted research summary: Applications under rule 23 may be made by notice of motion or by informal documentation; if an application under rule 23 is made orally, the Court must reduce it to writing.

AI-assisted research summary: The Court may discharge, vary or set aside an order issued under rule 22 either on its own motion or if a dissatisfied party applies.

AI-assisted research summary: The Court has discretion to award costs and, when exercising that discretion, must take appropriate measures to ensure everyone can access the Court to determine their rights and fundamental freedoms.

AI-assisted research summary: A person may apply to withdraw the petition on notice to the court and respondent or, with the court's leave, discontinue proceedings; the Court must hear the parties and decide the matter and may continue the hearing despite the petitioner's wish to withdraw if reasons are recorded.

AI-assisted research summary: If a respondent does not dispute the petition's facts in whole or in part, the Court must, after hearing the parties, make such orders as it deems fit.

AI-assisted research summary: The parties may, with the Court's leave, record an amicable settlement that partly or finally determines the case.

AI-assisted research summary: The Court may extend time that is limited by the rules or by any Court decision.

AI-assisted research summary: The Court may refer a matter to be heard and determined by an alternative dispute resolution mechanism.

AI-assisted research summary: An appeal (or second appeal) does not operate as a stay of execution or proceedings; the court may permit informal stay applications immediately after judgment and may issue orders; formal stay applications must be filed within 14 days or as the court directs.

AI-assisted research summary: Part III of the 2006 High Court Practice and Procedure Rules (Legal Notice No. 6 of 2006) is revoked, but matters already pending under that Part may continue under the new rules.

AI-assisted research summary: Proceedings under these Rules must pay the same court fees as civil proceedings in the High Court, insofar as those fees apply.

AI-assisted research summary: A person seeking exemption from court fees may apply to the Registrar.

AI-assisted research summary: The Chief Justice may issue practice directions to help carry out these rules.

AI-assisted research summary: The Chief Justice may review these rules from time to time.