Order 5, rule 34 of Civil Procedure Rules : 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 service of any document on a person in Kenya is received by the Registrar of the High Court from the consular or other authority of such country, the following procedure shall, subject to any special provisions contained in the Convention, be adopted—
(a) the service shall be effected by the delivery of the original or a copy of the document, as indicated in the request, and the copy of the translation, to the party or person to be served in person by the process server;
(b) no court fees shall be charged in respect of the service, and the particulars of charges of the officer or agent employed to effect service shall be submitted to the Registrar of the High Court, who shall certify the amount properly payable in respect thereof.
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- 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.
- Order 7, rule 16 - New ground of defence
(1) Any ground of defence which has arisen after action brought, but before the defendant has delivered his defence and before the time limited for his doing so has expired, may be raised by the...
- Order 7, rule 17 - Subsequent pleadings
(1) A plaintiff shall be entitled to file a reply within fourteen days after the defence or the last of the defences has been served on to him, unless the time is extended.
(2) No pleading...
- Order 7, rule 18 - Filing subsequent pleadings
(1) Subject to rule 8 all pleadings (including amended pleadings) subsequent to the plaint shall be filed in duplicate.
(2) The court may return the duplicate to an advocate who shall deliver it to...
- Order 7, rule 19 - Register of documents
(1) A register of documents shall be kept at every registry in which the following particulars in respect of each such document shall be entered, namely—
(a) the number of the document;
(b) the...
- Order 7, rule 20 - Service of documents
Documents under this order shall be served in the manner prescribed under Order 5 of these Rules.
- Order 8, rule 1 - Amendment of pleading without leave
(1) A party may, without the leave of the court, amend any of his pleadings once at any time before the pleadings are closed.
(2) Where an amended plaint is served on a defendant—
(a) if he has...
- Order 8, rule 2 - Application for disallowance of amendment
(1) Within fourteen days after the service on a party of a pleading amended under rule 1(1), that party may apply to the court to disallow the amendment.
(2) When the court hearing an application...
- Order 8, rule 3 - Amendment of pleading with leave
(1) Subject to Order 1, rules 9 and 10, Order 24, rules 3, 4, 5 and 6 and the following provisions of this rule, the court may at any stage of the proceedings, on such terms as to costs or otherwise...
- Order 8, rule 4 - Amendment of originating process
Rule 3 shall have effect in relation to an originating summons, a petition and an originating notice of motion as it has effect in relation to a plaint.
- Order 8, rule 5 - General power to amend
(1) For the purpose of determining the real question in controversy between the parties, or of correcting any defect or error in any proceedings, the court may either of its own motion or on the...
- Order 8, rule 6 - Failure to amend after order
Where the court has made an order giving any party leave to amend, unless that party amends within the period specified or, if no period is specified, within fourteen days, the order shall cease to...
- Order 8, rule 7 - Mode of amendment
(1) Every pleading and other documents amended under this Order shall be endorsed with the date of the amendment and either the date of the order allowing the amendment or, if no order has been made,...
- Order 8, rule 8 - Procedure
The court may hear and determine an oral application made under this Order.
- Order 9, rule 1 - Applications, appearances or acts in person, by recognized agent or by advocate
Any application to or appearance or act in any court required or authorized by the law to be made or done by a party in such court may, except where otherwise expressly provided by any law for the...
- Order 9, rule 2 - Recognized agents
The recognized agents of parties by whom such appearances, applications and acts may be made or done are—
(a) subject to approval by the court in any particular suit persons holding
powers of...
- Order 9, rule 3 - Service of process on recognized agent
(1) Processes served on the recognized agent of a party shall be as effectual as if the same had been served on the party in person, unless the court otherwise directs.
(2) The provisions for the...
- Order 9, rule 4 - Agent to accept service
(1) Besides the recognized agents described in rule 2, any person residing within the jurisdiction of the court may be appointed an agent to accept service of process.
(2) Such appointment may be...
- Order 9, rule 5 - Change of advocate
A party suing or defending by an advocate shall be at liberty to change his advocate in any cause or matter, without an order for that purpose, but unless and until notice of any change of advocate is...
- Order 9, rule 6 - Service of notice of change of advocate
The party giving the notice shall serve on every other party to the cause or matter (not being a party in default as to entry of appearance) and on the former advocate a copy of the notice endorsed...
- Order 9, rule 7 - Notice of appointment of advocate
Where a party, after having sued or defended in person, appoints an advocate to act in the cause or matter on his behalf, he shall give notice of the appointment, and the provisions of this Order...
- Order 9, rule 8 - Notice of intention to act in person
(1) Where a party, after having sued or defended by an advocate, intends to act in person in the cause or matter, he shall give a notice stating his intention to act in person and giving an address...
- Order 9, rule 9 - Change to be effected by order of court or consent of parties
When there is a change of advocate, or when a party decides to act in person having previously engaged an advocate, after judgment has been passed, such change or intention to act in person shall not...
- Order 9, rule 10 - Procedure
An application under rule 9 may be combined with other prayers provided the question of change of advocate or party intending to act in person shall be determined first.
- Order 9, rule 11 - Power to act in person or through new advocate
The party who gives notice under rule 8 or obtains an order under rule 9 may perform the duties prescribed under this Order in person or through his new advocate.
- Order 9, rule 12 - Removal of advocate from record at instance of another party
(1) Where an advocate who has acted for a party in a cause or matter has died or become bankrupt or cannot be found or has failed to take out a practising certificate or has been struck off the roll...
- Order 9, rule 13 - Withdrawal of advocate who has ceased to act for a party
(1) Where an advocate who has acted for a party in a cause or matter has ceased so to act and the party has not given notice of change in accordance with this Order, the advocate may on notice to be...
- Order 10, rule 1 - Suits against infants and persons of unsound mind
(1) Where no appearance has been entered for a defendant who is an infant or person of unsound mind, before proceeding further the plaintiff shall apply to the court for an order that some proper...
- Order 10, rule 2 - Affidavit of service upon non-appearance
Where any defendant fails to appear and the plaintiff wishes to proceed against such defendant he shall file an affidavit of service of the summons unless the summons has been served by a...
- Order 10, rule 3 - Failure to serve
Where a defendant fails to serve either the memorandum of appearance or defence within the prescribed time, the court may on its own motion or on application by the plaintiff, strike out the...