Order 3, rule 1 of Civil Procedure Rules : 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.
(2) The claim shall indicate at the heading the choice of track; namely “small claims”, “fast track” or “multi-track”.
(3) For purposes of this rule—
(a) “small claim” refers to a simple claim, involving not more than two parties and whose monetary value does not exceed Kshs. 49,999/-;
(b) “Fast track” refers to a case with undisputed facts and legal issues; relatively few parties; and would likely be concluded within one hundred and eighty days after the pre-trial directions under Order 11.
(c) “Multi-track” refers to a case with complex facts and legal issues; or several parties and which would likely be concluded within two
hundred and forty days from the date of the pre- trial directions under Order 11.
(4) In choosing a case track, the plaintiff shall have regard to all relevant considerations including the following—
(a) the complexity of the issues of fact, law or evidence;
(b) the financial value of the claim;
(c) the likely expense to the parties;
(d) the importance of issues of law or fact to the public;
(e) the nature of the remedy sought;
(f) the number of parties or prospective parties; and
(g) the time required for pre-trial disclosures and for preparation for trial or hearing;
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- Order 3, rule 2 - Documents to accompany suit
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...
- Order 3, rule 3 - Register of civil suits and filing
(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...
- Order 3, rule 4 - Suit to include the whole claim
(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...
- Order 3, rule 5 - Joinder of causes of action
(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...
- Order 3, rule 6 - Only certain claims to be joined with a suit for recovery of immovable property
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...
- Order 3, rule 7 - Claims by or against executor, administrator or heir
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...
- Order 3, rule 8 - Power of court to order separate trials
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;
(b) the name, description and place of residence of the plaintiff, and an address...
- 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
(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...
- Order 5, rule 11 - Service on agent in charge in suits for immovable property
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...
- Order 5, rule 12 - Service on agent or adult
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...
- 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
(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...
- Order 5, rule 20 - Duty on person to whom the summons is sent
(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...
- Order 5, rule 21. - Service out of Kenya
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...
- 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...
- Order 5, rule 23 - Service under contract
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...
- Order 5, rule 24 - Probate and marriage suits
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.
- Order 5, rule 25 - Application to be supported by evidence
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...
- Order 5, rule 26 - Order to fix time for entering appearance
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...
- Order 5, rule 27 - Service where defendant resides out of Kenya
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...
- Order 5, rule 28 - Notice in lieu of summons
(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...
- Order 5, rule 29 - Service of notice of summons in a foreign country
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—...
- Order 5, rule 30 - Extension of procedure to any order or notice
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...
- Order 5, rule 31 - Application to Government
Rules 21, 22, 23, 24, 25, 26, 27, 28, 29 and 30 shall apply in the case of civil proceedings by the Government but shall not apply in the case of civil proceedings against the Government.
- Order 5, rule 32 - Procedure
Where in any civil or commercial matter pending before a court or tribunal of a foreign country a letter of request from such court or tribunal for service on any person in Kenya of any process or...