Order 5, rule 5 of Civil Procedure Rules : 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 advocate’s clerk approved by the court;
(c) to any subordinate court having jurisdiction in the place where the defendant resides;
(d) to a police officer appointed under the Police Act (Cap 84) or to an officer appointed under the Administration Police Act (Cap 85); or
(e) to a licensed courier service provider approved by the court.
(2) A court to which a summons is sent under subrule (1)(c) shall upon receipt thereof proceed as if it had been issued by such court, and shall then return the summons to the court of issue, together with the record of any of its proceedings with regard thereto.
(3) No objection may be made to the service of a summons on the grounds that the person who served the summons either was not authorized so to do or that he exceeded or failed to comply with his authority in any way.
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- 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...
- Order 5, rule 33 - General powers of the court
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.
- Order 5, rule 34 - Request for service from foreign country
Where in any civil or commercial matter pending before a court or tribunal in any foreign country with which a Convention in that behalf has been or shall be made and applied to Kenya, a request for...
- Order 6, rule 1 - Time for appearance
Where a defendant has been served with summons to appear, he shall unless some order be made by the court, file his appearance within the time prescribed in the summons.
- Order 6, rule 2 - Mode of appearance
(1) Appearance shall be effected by delivering or sending by post to the proper officer a memorandum of appearance in triplicate in Form No. 12 Appendix A with such variation as the circumstances...
- Order 6, rule 3 - Defendant’s address for service
(1) The advocates of the defendant shall state in the memorandum of appearance the addresses for service being the place of business within Kenya and postal address.
(2) A defendant appearing in...
- Order 6, rule 4 - Irregular memorandum, address fictitious
If the memorandum of appearance does not contain an address for service within Kenya it shall not be filed; and if any address given is illusory or fictitious the appearance may be set aside on the...
- Order 6, rule 5 - Defendants appearing by same advocate
If two or more defendants appear in the same suit by the same advocate and at the same time, the names of all the defendants so appearing shall be inserted in the same memorandum of appearance.
- Order 6, rule 6 - Delivery of documents to address for service
(1) Documents may either be delivered by hand or by licensed courier service provider approved by the court to the address for service or may be posted to it.
(2) Where delivery is disputed a...
- Order 7, rule 1 - Defence
Where a defendant has been served with a summons to appear he shall, unless some other or further order be made by the court, file his defence within fourteen days after he has entered an appearance...
- Order 7, rule 2 - Defence of tender
Where in any suit a defence of tender before action is pleaded the defendant shall pay into court, in accordance with Order 27, the amount alleged to have been tendered, and the tender shall not be...
- Order 7, rule 3 - Set-off and counterclaim
A defendant in a suit may set-off, or set-up by way of counterclaim against the claims of the plaintiff, any right or claim, whether such set-off or counterclaim sound in damages or not, and whether...
- Order 7, rule 4 - Set-off or counterclaim in proceedings by Government
Notwithstanding anything contained in rule 2, a person shall not be entitled to avail himself of any set-off or counterclaim in any proceedings by the Government for the recovery of taxes, duties or...
- Order 7, rule 5 - Documents to accompany defence or counterclaim
The defence and counterclaim filed under rule 1 and 2 shall be accompanied by—
(a) an affidavit under Order 4 rule 1(2) where there is a counterclaim;
(b) a list of witnesses to be called at the...
- Order 7, rule 6 - Persons in representative capacity
If either party wishes to deny the right of any other party to claim as executor or as trustee whether in bankruptcy or otherwise, or in any representative or other alleged capacity or the alleged...
- Order 7, rule 7 - Pleading a counterclaim
Where any defendant seeks to rely upon any grounds as supporting a right of counterclaim, he shall, in his statement of defence, state specifically that he does so by way of counterclaim.
- Order 7, rule 8 - Title of counterclaim
Where a defendant by his defence sets up any counterclaim which raises questions between himself and the plaintiff, together with any other person or persons, he shall add to the title of his defence...
- Order 7, rule 9 - Claim against person not party
Where any such person as is mentioned in rule 8 is not a party to the suit, he shall be summoned to appear by being served with a copy of the defence, which shall be served in accordance with the...
- Order 7, rule 10 - Appearance by added parties
Any person not already a party to the suit who is served with a defence and counterclaim as aforesaid must appear thereto as if he had been served with a summons to appear in the suit.
- Order 7, rule 11 - Reply to counterclaim
Any person named in a defence as a party to a counterclaim thereby made may, unless some other or further order is made by the court, deliver a reply within fifteen days after service upon him of the...
- Order 7, rule 12 - Exclusion of counterclaim
Where a defendant sets up a counterclaim, if the plaintiff or any other person named in the manner aforesaid as party to such counterclaim contends that the claim thereby raised ought not to be...
- Order 7, rule 13 - Discontinuance, stay or dismissal of suit
If, in any case in which the defendant sets up a counterclaim the suit of the plaintiff is stayed, discontinued or dismissed, the counterclaim may nevertheless be proceeded with.
- Order 7, rule 14 - Judgment for balance
Where in any suit a set-off or counterclaim is established as a defence against the plaintiff’s claim, the court may, if the balance is in favour of the defendant, give judgment for the defendant for...
- Order 7, rule 15 - Defence or set-off founded on separate grounds
Where the defendant relies upon several distinct grounds of defence or set-off founded upon separate and distinct facts, they shall be stated, as far as practicable, separately and distinctly.