Check the current authoritative text and amendment history before relying on this provision.
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.
(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 cla…
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 b…
(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…
(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 plai…
(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…
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 pr…
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 esta…
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 moti…
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 i…
(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 se…
(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 h…
Where the subject-matter of the suit is immovable property, the plaint shall contain a description of the property sufficient to identify it.
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 capac…
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.
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 rel…
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.
The plaintiff shall present as many copies of the plaint as there are defendants.
(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 o…
(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 b…
(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 b…
(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 instanc…
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 process…
(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…
(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 advocate’s cl…
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.
Save as otherwise prescribed, where there are more defendants than one, service of the summons shall be made on each defendant.
(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 summ…
(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…
(1) In a suit relating to any business or work against a person who does not reside within the local limits of the jurisdiction of the court from which the summons is issued, service on any manager or…
Where, in a suit to obtain relief respecting, or compensation for wrong to, immovable property, service cannot be made on the defendant in person, it may be made on an agent of the defendant empowered…
Where in any suit, after a reasonable number of attempts have been made to serve the defendant, and defendant cannot be found, service may be made on an agent of the defendant empowered to accept serv…
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 t…
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…
(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 o…
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 mak…
(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 serv…
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.
(1) Where the defendant is a public officer or an officer of a local authority, the court may, if it appears to it that the summons may be most conveniently so served, send it for service on the defen…
(1) Where a summons is delivered or sent to any person for service under rule 18 or rule 19, such person shall be bound to serve it, if possible, and to return it under his signature with a written ac…
Service out of Kenya of a summons or notice of a summons may be allowed by the court whenever— (a) the whole subject-matter of the suit is immovable property situate in Kenya (with or without rents an…
(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 proceedi…
Without prejudice to the other rules in this Order, where— (a) leave to serve a summons or notice of a summons or other process has been allowed under rule 21 or 22; and (b) the contract provides that…
In probate, Mohammedan or Hindu marriage, divorce and succession suits, service of a summons or notice of a summons may by leave of the court be allowed out of Kenya.
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…
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 plac…
Where leave to serve a summons or notice of summons out of Kenya has been granted under rule 21, and the defendant is a Commonwealth citizen as defined in subsections (1) and (2) of section 95 of the…
(1) Where the defendant is neither a Commonwealth citizen as aforesaid nor resides in any of the countries referred to in rule 27, notice of the summons and not the summons itself shall be served upon…
Where leave is given to serve notice of summons in a foreign country to which this rule may by order of the Chief Justice from time to time be applied, the following procedure shall be adopted— (a) th…
The court may direct that any summons, order or notice shall be served on any party or person in a foreign country, and the procedure prescribed by rule 27, with reference to service of notice of a su…