Civil Procedure Rules — Part 4 | Legal Notice 151 of 2010 — Kenya law | Esheria

Civil Procedure Rules

Part 4 of 4 · provisions 601–621

Every pleading in civil proceedings must state the circumstances in which the liability is alleged to have arisen and, for proceedings against the Government, must name the departments and officers concerned.

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Jurisdiction
Kenya
Instrument
Notice
Citation
Legal Notice 151 of 2010
Version
Undated source snapshot
Language
en
Complete work
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Source attribution: Source: Kenya Law

Statute overview

About this statute

Pleadings must contain necessary particulars of claims, defences or matters pleaded; the court may order parties to provide particulars or statements; particulars alleging knowledge or notice require specific particulars; particulars must be in specified forms and filed as required. Allegations of fact in a party's pleading are deemed admitted by the opposing party unless traversed or denied; specific traverses are required for pleadings, general denials are insufficient, and a traverse may be by denial or non-admission. Section 12 sets out when a joinder of issue arises and states that a party may expressly join issue in his pleading on the immediately preceding pleading; it also provides that a joinder of issue operates as a denial of every material allegation of fact unless an express joinder excepts an allegation as admitted. Pleadings in a suit close fourteen days after service of the reply or defence to counterclaim, or if neither is served, fourteen days after service of the defence. Raising a technical objection to any pleading because of a want of form is not permitted.

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Legal text

Provisions of Civil Procedure Rules

Showing 21 of 621

  1. 3

    3. Service of process on recognized agent [Order 9, rule 3]

    AI-assisted research summary: Service of process on a party's recognized agent has the same effect as service on the party in person; the rules for serving a party also apply to their recognized agent.

    Section 3. Service of process on recognized agent [Order 9, rule 3] Section 3(1) Processes served on the recognized agent of a party shall be as effectual as if the same had been served on the party in person, unless the court otherwise directs. Section 3(2) The provisions for the service of process on a party to a suit shall apply to the service of process on his recognized agent.
  2. 4

    4. Agent to accept service [Order 9, rule 4]

    AI-assisted research summary: A principal must make an appointment of an agent by a written instrument signed by the principal; if the appointment is general a certified copy of the instrument must be filed in court.

    Section 4. Agent to accept service [Order 9, rule 4] Section 4(1) Besides the recognized agents described in rule 2, any person residing within the jurisdiction of the court may be appointed an agent to accept service of process. Section 4(2) Such appointment may be special or general, and shall be made by an instrument in writing signed by the principal, and such instrument or, if the appointment is general, a certified copy thereof shall be filed in court.
  3. 5

    5. Change of advocate [Order 9, rule 5]

    AI-assisted research summary: A party represented by an advocate may change their advocate without a court order, but until notice of the change is filed in the court and served in accordance with rule 6, the former advocate remains the party's advocate (subject to rules 12 and 13) until final conclusion including review or appeal.

    Section 5. Change of advocate [Order 9, rule 5] Section A party suing or defending by an advocate shall be at liberty to change his advocate in any cause or matter, without an order for that purpose, but unless and until notice of any change of advocate is filed in the court in which such cause or matter is proceeding and served in accordance with rule 6, the former advocate shall, subject to rules 12 and 13 be considered the advocate of the party until the final conclusion of the cause or matter, including any review or appeal.
  4. 6

    6. Service of notice of change of advocate [Order 9, rule 6]

    AI-assisted research summary: The party giving the notice must serve a copy of the notice, endorsed with a memorandum that it has been filed in the appropriate court, on every other party (except a party in default as to entry of appearance) and on the former advocate.

    Section 6. Service of notice of change of advocate [Order 9, rule 6] Section The party giving the notice shall serve on every other party to the cause or matter (not being a party in default as to entry of appearance) and on the former advocate a copy of the notice endorsed with a memorandum stating that the notice has been duly filed in the appropriate court (naming it).
  5. 7

    7. Notice of appointment of advocate [Order 9, rule 7]

    AI-assisted research summary: A party who, after suing or defending in person, appoints an advocate must give notice of that appointment.

    Section 7. Notice of appointment of advocate [Order 9, rule 7] Section Where a party, after having sued or defended in person, appoints an advocate to act in the cause or matter on his behalf, he shall give notice of the appointment, and the provisions of this Order relating to a notice of change of advocate shall apply to a notice of appointment of an advocate with the necessary modifications.
  6. 8

    8. Notice of intention to act in person [Order 9, rule 8]

    AI-assisted research summary: If a party who previously sued or defended by an advocate intends to act in person, they must give notice of that intention and an address for service within the court's jurisdiction; that address must comply with Order 6, rule 3.

    Section 8. Notice of intention to act in person [Order 9, rule 8] Section 8(1) Where a party, after having sued or defended by an advocate, intends to act in person in the cause or matter, he shall give a notice stating his intention to act in person and giving an address for service within the jurisdiction of the court in which the cause or matter is proceeding, and the provisions of this Order relating to a notice of change of advocate shall apply to a notice of intention to act in person, with the necessary modifications. Section 8(2) The address for service given under subrule (1) shall comply with Order 6, rule 3.
  7. 9

    9. Change to be effected by order of court or consent of parties [Order 9, rule 9]

    AI-assisted research summary: Change may be effected by order of court or by consent of the parties, upon an application with notice to all the parties.

    Section 9. Change to be effected by order of court or consent of parties [Order 9, rule 9] Section upon an application with notice to all the parties; or
  8. 1

    1. Suits against infants and persons of unsound mind [Order 10, rule 1]

    AI-assisted research summary: If no appearance is entered for a defendant who is an infant or of unsound mind, the plaintiff must apply to the court to have a proper person assigned as guardian so the defendant can appear and defend the suit.

    Section 1. Suits against infants and persons of unsound mind [Order 10, rule 1] Section 1(1) Where no appearance has been entered for a defendant who is an infant or person of unsound mind, before proceeding further the plaintiff shall apply to the court for an order that some proper person be assigned guardian of such defendant by whom he may appear and defend the suit. Section 1(2) No order may be made under sub-rule (1) unless the summons has been served and Order 32, rule 3(4) has been complied with, unless the court otherwise orders.
  9. 10

    10. Default of defence [Order 10, rule 10]

    AI-assisted research summary: If any defendant has failed to file a defence, the provisions of rules 4 to 9 (with necessary modification) apply.

    Section 10. Default of defence [Order 10, rule 10] Section The provisions of rules 4 to 9 inclusive shall apply with any necessary modification where any defendant has failed to file a defence.
  10. 11

    11. Setting aside judgment [Order 10, rule 11]

    AI-assisted research summary: The court may set aside or vary a judgment entered under this Order on such terms as are just.

    Section 11. Setting aside judgment [Order 10, rule 11] Section Where judgment has been entered under this Order the court may set aside or vary such judgment and any consequential decree or order upon such terms as are just.
  11. 2

    2. Affidavit of service upon non-appearance [Order 10, rule 2]

    AI-assisted research summary: If a defendant does not appear and the plaintiff wants to continue, the plaintiff must file an affidavit that the summons was served unless the summons was served by a court-appointed process-server.

    Section 2. Affidavit of service upon non-appearance [Order 10, rule 2] Section Where any defendant fails to appear and the plaintiff wishes to proceed against such defendant he shall file an affidavit of service of the summons unless the summons has been served by a process-server appointed by the court.
  12. 3

    3. Failure to serve [Order 10, rule 3]

    AI-assisted research summary: If a defendant fails to serve the memorandum of appearance or defence within the prescribed time, the court may strike out that memorandum or the defence and make any order it thinks fit.

    Section 3. Failure to serve [Order 10, rule 3] Section Where a defendant fails to serve either the memorandum of appearance or defence within the prescribed time, the court may on its own motion or on application by the plaintiff, strike out the memorandum of appearance or the defence as the case may be and make such order as it deems fit in the circumstances.
  13. 4

    4. Judgment upon a liquidated demand [Order 10, rule 4]

    AI-assisted research summary: If a plaint claims a liquidated demand and the defendant(s) do not appear, the court must enter judgment on request for up to the liquidated amount with interest and costs; if the liquidated demand is joined with other claims, the court must enter judgment on the liquidated demand and interest but costs await judgment on the other claim.

    Section 4. Judgment upon a liquidated demand [Order 10, rule 4] Section 4(1) Where the plaint makes a liquidated demand only and the defendant fails to appear on or before the day fixed in the summons or all the defendants fail so to appear, the court shall, on request in Form No. 13 of Appendix A, enter judgment against the defendant or defendants for any sum not exceeding the liquidated demand together with interest thereon from the filing of the suit, at such rate as the court thinks reasonable, to the date of the judgment, and costs. Section 4(2) Where the plaint makes a liquidated demand together with some other claim, and the defendant fails, or all the defendants fail, to appear as aforesaid, the Court shall, on request in Form No. 13 of Appendix A, enter judgment for the liquidated demand and interest thereon as provided by sub-rule (1) but the award of costs shall await judgment upon such other claim.
  14. 5

    5. Liquidated demand against several defendants [Order 10, rule 5]

    AI-assisted research summary: If a plaint includes a liquidated demand and some defendants fail to appear while others do appear, the court must on request in Form No. 13 enter judgment against the absent defendants; execution may issue on that judgment without prejudice to the plaintiff’s right to continue the action against those who appeared.

    Section 5. Liquidated demand against several defendants [Order 10, rule 5] Section Where the plaint makes a liquidated demand with or without some other claim, and there are several defendants of whom one or more appear and any other fails to appear, the court shall, on request in Form No. 13 of Appendix A, enter judgment against any defendant failing to appear in accordance with rule 4, and execution may issue upon such judgment and decree without prejudice to the plaintiff’s right to proceed with the action against such as have appeared.
  15. 6

    6. Interlocutory judgment [Order 10, rule 6]

    AI-assisted research summary: If a defendant does not appear in a suit where the claim is only for money or for detention of goods (with or without monetary damages), the court must enter interlocutory judgment on request in Form No. 13, and the plaintiff must set down the suit for the court to assess damages or the value of the goods and damages.

    Section 6. Interlocutory judgment [Order 10, rule 6] Section Where the plaint is drawn with a claim for pecuniary damages only or for detention of goods with or without a claim for pecuniary damages, and any defendant fails to appear, the court shall, on request in Form No. 13 of Appendix A, enter interlocutory judgment against such defendant, and the plaintiff shall set down the suit for assessment by the court of the damages or the value of the goods and damages as the case may be.
  16. 7

    7. Interlocutory judgment where several defendants [Order 10, rule 7]

    AI-assisted research summary: The court must, on request in Form No. 13 of Appendix A, enter interlocutory judgment against any defendant who fails to appear where the plaint is drawn as in rule 6 and there are several defendants.

    Section 7. Interlocutory judgment where several defendants [Order 10, rule 7] Section Where the plaint is drawn as mentioned in rule 6 and there are several defendants of whom one or more appear and any other fails to appear, the court shall, on request in Form No. 13 of Appendix A, enter interlocutory judgment against the defendant failing to appear, and the damages or the value of the goods and the damages, as the case may be, shall be assessed at the same time as the hearing of the suit against the other defendants, unless the court otherwise orders.
  17. 8

    8. Judgment in default against the Government [Order 10, rule 8]

    AI-assisted research summary: A judgment in default cannot be entered against the Government unless the court grants leave, and any application for leave must be served at least seven days before the return day.

    Section 8. Judgment in default against the Government [Order 10, rule 8] Section No judgment in default of appearance or pleading may be entered against the Government without the leave of the court and any application for leave shall be served not less than seven days before the return day.
  18. 9

    9. General rule where no appearance entered [Order 10, rule 9]

    AI-assisted research summary: If a party served does not appear, the plaintiff may set the suit down for hearing, subject to rule 4 and where the suit is not otherwise specifically provided for by the Order.

    Section 9. General rule where no appearance entered [Order 10, rule 9] Section Subject to rule 4, in all suits not otherwise specifically provided for by this Order, where any party served does not appear the plaintiff may set down the suit for hearing.
  19. 32

    32. Procedure [Order 5, rule 32]

    AI-assisted research summary: A letter or request for service must be accompanied by an English translation and by two copies of the process of citation, plus two copies in English.

    Section 32. Procedure [Order 5, rule 32] Section the letter or request for service shall be accompanied by a translation thereof in the English language, and by two copies of the process of citation to be served, and two copies thereof in the English language;
  20. 33

    33. General powers of the court [Order 5, rule 33]

    AI-assisted research summary: The court may, on application by the Attorney-General, make orders for substituted service or otherwise to give effect to rule 32.

    Section 33. General powers of the court [Order 5, rule 33] Section Upon the application of the Attorney-General the court may make all such orders for substituted service or otherwise as may be necessary to give effect to rule 32.
  21. 34

    34. Request for service from foreign country [Order 5, rule 34]

    AI-assisted research summary: Service from a foreign country must be effected by delivering the original or a copy of the document and a copy of the translation to the party or person to be served in person by the process server.

    Section 34. Request for service from foreign country [Order 5, rule 34] Section the service shall be effected by the delivery of the original or a copy of the document, as indicated in the request, and the copy of the translation, to the party or person to be served in person by the process server;

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