Order 46, rule 5 of Civil Procedure Rules : Power to appoint arbitrator
(1) In any of the following cases, namely—
(a) where the parties cannot agree within thirty days with respect to the appointment of an arbitrator, or the person appointed refuses to accept the office of arbitrator; or
(b) where the arbitrator or umpire—
(i) dies; or
(ii) refuses or neglects to act or becomes incapable of acting; or
(iii) leaves Kenya in circumstances showing that he will probably not return at an early date; or
(c) where the arbitrators are empowered by the order of reference to appoint an umpire and fail to do so, any party may serve the other or the arbitrators as the case may be with a written notice to appoint an arbitrator or umpire.
(2) If, within seven clear days after such notice has been served or such further time as the court may in each case allow, no arbitrator or no umpire is appointed, as the case may be, the court may, on application by the party who gave the notice, and after giving the other party an opportunity of being heard, appoint an arbitrator or umpire, or make an order superseding the arbitration, and in such case shall proceed with the suit.
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- Order 46, rule 6 - Power of arbitrator or umpire appointed by court
Every arbitrator or umpire appointed under r. 4 or r. 5 shall have the like powers as if his name had been inserted in the order of reference.
- Order 46, rule 7 - Summoning witnesses and default
(1) The court shall issue the same processes to the parties and witnesses whom the arbitrator or umpire desires to examine as the court may issue in suits tried before it.
(2) Persons not attending...
- Order 46, rule 8 - Extension of time for making award
(1) The parties may, by filing an agreement in writing, extend the time for the making of the award, whether or not at the date of the agreement time has expired, and whether or not an award has been...
- Order 46, rule 9 - Where umpire may arbitrate in lieu of arbitrators
Where an umpire has been appointed he may enter on the reference in the place of the arbitrators—
(a) if they have allowed the appointed time to expire without making an award, or
(b) if they have...
- Order 46, rule 10 - Award to be signed, dated and filed
Where an award in a suit has been made, the persons who made it shall sign it, date it and cause it to be filed in court within fourteen days together with any depositions and documents which have...
- Order 46, rule 11 - Time for reading award may be fixed
(1) The registrar shall within fourteen days of filing of the award notify the parties of such filing and the notice shall specify a date and time for reading the award.
(2) The award shall be read...
- Order 46, rule 12 - Statement of special case by arbitrators or umpire
Upon any reference by an order of the court, the arbitrator or umpire may, and shall if so directed by the court, state the award as to the whole or any part thereof in the form of a special case for...
- Order 46, rule 13 - Costs of arbitration
The court may make such order as it thinks fit in respect of the costs of an arbitration save to the extent to which an award of costs has been properly made by the arbitrator.
- Order 46, rule 14 - Power to modify or correct award
The court may modify or correct an award—
(a) where it appears that a part of the award is upon a matter not referred to
arbitration and such part can be separated from the other part and does not...
- Order 46, rule 15 - Power to remit for reconsideration
(1) The court may remit an award, or any other matter referred to arbitration, for reconsideration by the same arbitrator or umpire upon such terms as it thinks fit—
(a) where the award has left...
- Order 46, rule 16 - Grounds for setting aside award
(1) The court may set aside an award on the following grounds only—
(a) corruption or misconduct of the arbitrator or umpire; or
(b) that either party has fraudulently concealed any matter which...
- Order 46, rule 17 - Time for application
An application may be made under rules 13, 14, 15 and 16 within thirty days of receipt by the applicant of notice of the filing of the award under rule 10 or, where a date for reading the award has...
- Order 46, rule 18 - Judgment on award
(1) The court shall on request by any party with due notice to other parties enter judgment according to the award—
(a) when no application has been made within the time allowed by rule 17; or...
- Order 46, rule 19 - Forms
Form Nos. 28 to 32 of Appendix A shall be used for the respective purposes therein mentioned.
- Order 46, rule 20 - Alternative dispute resolution
(1) Nothing under this order may be construed as precluding the court from adopting and implementing, of its own motion or at the request of the parties, any other appropriate means of dispute...
- Order 47, rule 1 - Institution of suits in High Court
Every suit in the High Court may be instituted at the central office of that court situate in Nairobi or in a District Registry.
- Order 47, rule 2 - Schedule of District Registries and areas
(1) There shall be District Registries and Deputy Registrars of the High Court at the places and for the areas set out in the Schedule in Appendix G.
(2) The Chief Justice may by notice in the...
- Order 47, rule 3 - Title of suits filed in a District Registry
Suits filed in a District Registry shall be intituled as suits in “The High Court of Kenya at (District Registry)”, and shall be serially numbered in that Registry.
- Order 47, rule 4 - Suits filed in a registry remain there when all defendants reside within that area
Where the defendant resides or carries on business, or all the defendants (if more than one) reside or carry on business within the area in the District Registry whereof a suit has been instituted,...
- Order 47, rule 5 - Proceedings against the Government
Notwithstanding anything in rule 4, in any civil proceedings against the Government the defendant shall for the purposes of this Order be deemed neither to reside nor to carry on business within the...
- Order 47, rule 6 - Place of trial
(1) Every suit whether instituted in the Central Office or in a District Registry of the High Court shall be tried in such place as the court may direct; and in the absence of any such direction a...
- Order 47, rule 7 - All preliminary steps taken before the District Registrar
In a suit proceeding in a District Registry all formal steps preliminary to the trial and all interlocutory applications shall, in the absence of a judge, be made and taken before the District...
- Order 47, rule 8 - Appeal from decision of District Registrar
(1) Any person affected by any order or decision of a District Registrar made in any preliminary step or upon an interlocutory application may appeal to a judge; and such appeal may be made...
- Order 47, rule 9 - Taxations in District Registries
A District Registrar with regard to suits tried in his area shall have the same power of taxing costs as the registrar has as a taxing officer under any Rules of Court, and all such rules shall apply...
- Order 47, rule 10 - Appeals from subordinate courts
An appeal from a decree or order of a subordinate court to the High Court may be filed in the District Registry within the area of which such subordinate court is situate; and the District Registrar...
- Order 48, rule 1 - Process to be served at expense of party issuing
(1) Every process issued under these Rules shall be served at the expense of the party on whose behalf it is issued unless the court otherwise directs.
(2) The court fee chargeable for such service...
- Order 48, rule 2 - Service of Orders, notices and documents
All orders, notices and documents required by these Rules to be given to or served on any person shall, save where other provision is made, be served in the manner provided for the service of summons....
- Order 48, rule 3 - Use of forms
Forms used for the purposes of this Act shall, with such variation as the circumstances of each case may require, be those to be found in the Appendices to these Rules, and such other forms as may...
- Order 48, rule 4 - Special rules of procedure
Any special rules of procedure not contained in these Rules which may have been or may be made by the High Court shall, where they conflict with these Rules, prevail and be deemed to govern the...
- Order 49, rule 1 - Registrar to be ministerial officer
Wherever in these Rules it is provided that any ministerial act or thing may be done by the court, that act or thing may be done by the registrar or by an executive officer generally or specially...
- Order 49, rule 2 - When Judgment may be entered by Registrar
Judgment may, on application in writing, be entered by the registrar or, in a subordinate court, by an executive officer generally or specially thereunto empowered by the Chief Justice by writing...
- Order 49, rule 3 - Consent orders
Any order may, by consent of the parties evidenced in writing, be entered by the registrar or, in a subordinate court, by an executive officer so authorised in writing by the Chief Justice.
- Order 49, rule 4 - No judgment against Government in default of pleading without leave of court
Notwithstanding anything contained in rule 2, in any proceedings against the Government no judgment for the plaintiff shall be entered in default of appearance or pleading without the leave of the...
- Order 49, rule 5 - Execution may be ordered by Registrar
Formal orders for attachment and sale of property and for the issue of notices to show cause on applications for arrest and imprisonment in execution of a decree of the High Court may be made by the...
- Order 49, rule 6 - Registrar a Civil Court
For the purposes of rules 2, 3 and 4 a registrar or, in a subordinate court, an executive officer empowered as aforesaid, shall be deemed to be a Civil Court.
- Order 49, rule 7 - Hearing of applications
(1) The Registrar may—
(a) give directions under Order 42 rule 12 and Order 51 rule 8;
(b) hear and determine an application made under the following Orders and rules—
(i) Order 1, rules 2, 8,...
- Order 50, rule 1 - Month means calendar month
Where by these Rules or by any judgment or order given or made, time for doing any act or taking any proceedings is limited by months, and where the word “month” occurs in any document which is part...
- Order 50, rule 2 - Exclusion of Sundays and public holidays
Where any limited time less than six days from or after any date or event is appointed or allowed for doing any act or taking any proceedings, Sunday, Christmas Day and Good Friday, and any other day...
- Order 50, rule 3 - Time expiring on Sunday or day offices closed
Where the time for doing any act or taking any proceeding expires on a Sunday or other day on which the offices are closed, and by reason thereof, such act or proceeding cannot be done, or taken on...
- Order 50, rule 4 - When time does not run
Except where otherwise directed by a judge for reasons to be recorded in writing, the period between the twenty-first day of December in any year and the thirteenth day of January in the year next...
- Order 50, rule 5 - Time for giving security for costs, when not to be reckoned
The day on which an order for security for costs is served, and the time thenceforward until and including the day on which such security is given shall not be reckoned in the computation of time...
- Order 50, rule 6 - Power to enlarge time
Where a limited time has been fixed for doing any act or taking any proceedings under these Rules, or by summary notice or by order of the court, the court shall have power to enlarge such time upon...
- Order 50, rule 7 - Enlargement of time by consent
The time for delivering, amending, or filing any pleading, answer or other document of any kind whatsoever may be enlarged by consent in writing of the parties or their advocates without application...
- Order 50, rule 8 - Computation of days
In any case in which any particular number of days not expressed to be clear days is prescribed under these Rules or by an order or direction of the court, the same shall be reckoned exclusively of...
- Order 50, rule 9 - Time of day of service
(1) This rule applies to pleadings, notices, summonses (other than summonses on plaints), orders, rules and other proceedings.
(2) Service shall normally be effected on a weekday other than Saturday...
- Order 51, rule 1 - Procedure
All applications to the court shall be by motion and shall be heard in open court unless the court directs the hearing to be conducted in chambers or unless the rules expressly provide.
- Order 51, rule 2 - Applications under section 25(2) of the Government Proceedings Act
Any application such as is referred to in section 25(2) of the Government Proceedings Act (Cap. 40), shall be made in the manner prescribed in rule 1.
- Order 51, rule 3 - Notice to parties
No motion shall be made without notice to the parties affected thereby:
Provided, however, that the court, if satisfied that the delay caused by proceeding in the ordinary way would or might entail...
- Order 51, rule 4 - Contents of notice
Every notice of motion shall state in general terms the grounds of the application, and where any motion is grounded on evidence by affidavit, a copy of any affidavit intended to be used shall be...
- Order 51, rule 5 - Dismissal or adjournments for want of notice
If upon the hearing of any application, the court is of opinion that sufficient notice has not been given or that any person to whom notice has not been given ought to have had such notice, the court...