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) There can be no joinder of issue on a plaint or counterclaim.
(4) A joinder of issue operates as a denial of every material allegation of fact made in the pleading on which there is a joinder of issue unless, in the case of an express joinder of issue, any such allegation is excepted from the joinder and is stated to be admitted, in which case the express joinder of issue operates as a denial of every other such allegation.
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- Order 2, rule 13 - Close of pleadings
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No technical objection may be raised to any pleading on the ground of any want of form.
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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 - 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.
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(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...
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No cause of action shall, except with the leave of the court, be joined with a suit for the recovery of immovable property, except—
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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...
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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...
- Order 3, rule 9 - 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...
- Order 4, rule 1 - Particulars of plaint
(1) The plaint shall contain the following particulars—
(a) the name of the court in which the suit is brought;
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- Order 4, rule 2 - 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...
- Order 4, rule 3 - 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.
- Order 4, rule 4 - Capacity of parties
Where the plaintiff sues in a representative capacity the plaint shall state the capacity in which he sues and where the defendant is sued in a representative capacity the plaint shall state the...
- Order 4, rule 5 - Defendant’s interest and liability to be shown
The plaint shall show that the defendant is or claims to be interested in the subject matter, and that he is liable to be called upon to answer the plaintiff’s demand.
- Order 4, rule 6 - Statement of relief claimed
Every plaint shall state specifically the relief which the plaintiff claims, either specifically or in the alternative, and it shall not be necessary to ask for costs, interest or general or other...
- Order 4, rule 7 - Relief founded on separate grounds
Where the plaintiff seeks relief in respect of several distinct claims or causes of action founded upon separate and distinct grounds, they shall be stated as far as may be, separately and distinctly....
- Order 4, rule 8 - Copies of plaint
The plaintiff shall present as many copies of the plaint as there are defendants.
- Order 4, rule 9 - Return of plaint
(1) The plaint may at any stage of the suit be returned to be presented to the court in which the suit should have been instituted.
(2) On returning a plaint the judge shall endorse thereon the date...
- Order 5, rule 1 - Issue of summons
(1) When a suit has been filed a summons shall issue to the defendant ordering him to appear within the time specified therein.
(2) Every summons shall be signed by the judge or an officer appointed...
- Order 5, rule 1 - Issue of summons
(1) When a suit has been filed a summons shall issue to the defendant ordering him to appear within the time specified therein.
(2) Every summons shall be signed by the judge or an officer appointed...
- Order 5, rule 2 - Duration and renewal of summons
(1) A summons (other than a concurrent summons) shall be valid in the first instance for twelve months beginning with the date of its issue and a concurrent summons shall be valid in the first...
- Order 5, rule 3 - Service on a corporation
Subject to any other written law, where the suit is against a corporation the summons may be served—
(a) on the secretary, director or other principal officer of the corporation; or
(b) if the...
- Order 5, rule 4 - Concurrent summons
(1) One or more concurrent summonses may, at the request of the plaintiff, be issued at the time when the original summons is issued or at any time thereafter before the original summons ceases to be...
- Order 5, rule 5 - Delivery or transmission of summons for service
(1) Where the court has issued summons to a defendant, the summons may be delivered for service—
(a) to any person for the time being duly authorized by the court;
(b) to an advocate, or...
- Order 5, rule 6 - Mode of service
Service of the summons shall be made by delivering or tendering a duplicate thereof signed by the judge, or such officer as he appoints in this behalf, and sealed with the seal of the court.
- Order 5, rule 7 - Service on several defendants
Save as otherwise prescribed, where there are more defendants than one, service of the summons shall be made on each defendant.
- Order 5, rule 8 - Service to be on defendant in person or on his agent
(1) Wherever it is practicable, service shall be made on the defendant in person, unless he has an agent empowered to accept service, in which case service on the agent shall be sufficient.
(2) A...
- Order 5, rule 9 - Mode of service on the Government
(1) The provisions of this Order shall have effect subject to section 13 of the Government Proceedings Act (Cap. 40), which provides for the service of vdocuments on the Government for the purpose of...
- Order 5, rule 10 - Service on agent by whom defendant carries on business
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- Order 5, rule 11 - Service on agent in charge in suits for immovable property
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- Order 5, rule 12 - Service on agent or adult
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- Order 5, rule 13 - Person served to sign acknowledgment
Where a duplicate of the summons is duly delivered or tendered to the defendant personally or to an agent or other person on his behalf, the defendant or such agent or other person shall be required...
- Order 5, rule 14 - Procedure when defendant refuses to accept service or cannot be found
Where the serving officer, after using all due and reasonable diligence, cannot find the defendant, or any person on whom service can be made, the serving officer shall affix a copy of the summons on...
- Order 5, rule 15 - Affidavit of service
(1) The serving officer in all cases in which summons has been served under any of the foregoing rules of this Order shall swear and annex or cause to be annexed to the original summons an affidavit...
- Order 5, rule 16 - Examination of serving officer
On any allegation that a summons has not been properly served, the court may examine the serving officer on oath, or cause him to be so examined by another court, touching his proceedings, and may...
- Order 5, rule 17 - Substituted service
(1) Where the court is satisfied that for any reason the summons cannot be served in accordance with any of the preceding rules of this Order, the court may on application order the summons to be...
- Order 5, rule 18 - Service on defendant in prison
Where the defendant is confined in a prison, the summons shall be served on him personally in the presence of the officer in charge of the prison.
- Order 5, rule 19 - Service on public officers and soldiers
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Service out of Kenya of a summons or notice of a summons may be allowed by the court whenever—
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- Order 5, rule 22 - Service of other process out of the jurisdiction
(1) Service out of Kenya of the following process or of notice thereof may be allowed by the court by—
(a) an originating summons, originating notice of motion, petition, or other
originating...
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Without prejudice to the other rules in this Order, where—
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(b) the contract provides...
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Every application for leave to serve such summons or notice on a defendant out of Kenya shall be supported by affidavit or other evidence, stating that in the belief of the deponent the plaintiff has...
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Any order giving leave to effect such service or give such notice shall limit a time after such service or notice within which such defendant is to enter an appearance; such time to depend on the...