Order 5, rule 32 of Civil Procedure Rules : 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 citation in such matter is transmitted to the High Court, with an intimation that it is desirable that effect should be given to the same, the following procedure shall be adopted—
(a) 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;
(b) service shall be effected by delivering to and leaving with the person to be served one copy of the process to be served, and one copy of the translation thereof, in accordance with the rules and practice of the High Court of Kenya regulating service to persons;
(c) after service has been effected the process server shall return to the Registrar of the High Court one copy of the process together with the evidence of service by affidavit of the person effecting the service verified by a magistrate and particulars of charges for the cost of effecting such service;
(d) the particulars of charges for the cost of effecting service shall be submitted to the Registrar of the High Court, who shall certify the correctness of the charges, or such other amount as shall be properly payable for the cost of effecting service;
(e) the Registrar shall return the letter of request for service received from the foreign country, together with the evidence of service with a certificate appended thereto duly sealed with the seal of the High Court for use out of the jurisdiction; and such certificate shall be in Form No. 11 of Appendix A.
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- 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
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- Order 6, rule 3 - Defendant’s address for service
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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.
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- Order 7, rule 11 - Reply to counterclaim
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(2) Where an amended plaint is served on a defendant—
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- Order 8, rule 5 - General power to amend
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The court may hear and determine an oral application made under this Order.
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powers of...
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