- Section 1 of Civil Procedure Act CAP 21: Short title and application
(1) This Act may be cited as the Civil Procedure Act.
(2) This Act applies to proceedings in the High Court and, subject to the Magistrate’s Courts Act (Cap. 10), to proceedings in subordinate courts.
- Section 1A of Civil Procedure Act CAP 21: Objective of Act
(1) The overriding objective of this Act and the rules made hereunder is to facilitate the just, expeditious, proportionate and affordable resolution of the civil disputes governed by the Act.
(2) The Court shall, in the exercise of its powers under this Act or the interpretation of any of its...
- Section 1B of Civil Procedure Act CAP 21: Duty of Court
(1) For the purpose of furthering the overriding objective specified in section 1A, the Court shall handle all matters presented before it for the purpose of attaining the following aims—
(a) the just determination of the proceedings;
(b) the efficient disposal of the business of the Court;...
- Section 2 of Civil Procedure Act CAP 21: Interpretation
In this Act, unless the context otherwise requires—
“Act” includes rules;
“court” means the High Court or a subordinate court, acting in the exercise of its civil jurisdiction;
“decree” means the formal expression of an adjudication which, so far as regards the court expressing it,...
- Section 3 of Civil Procedure Act CAP 21: Saving of special jurisdiction and powers
In the absence of any specific provision to the contrary, nothing in this Act shall limit or otherwise affect any special jurisdiction or power conferred, or any special form or procedure prescribed, by or under any other law for the time being in force.
- Section 3A of Civil Procedure Act CAP 21: Saving of inherent powers of court.
Nothing in this Act shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
- Section 4 of Civil Procedure Act CAP 21: Pecuniary jurisdiction
Save in so far as is otherwise expressly provided, nothing herein contained shall operate to give any court jurisdiction over suits the amount or value of the subject-matter of which exceeds the pecuniary limits, if any, of its ordinary jurisdiction.
- Section 5 of Civil Procedure Act CAP 21: Courts to try all civil suits unless barred
Any court shall, subject to the provisions herein contained, have jurisdiction to try all suits of a civil nature excepting suits of which its cognizance is either expressly or impliedly barred.
- Section 6 of Civil Procedure Act CAP 21: Stay of suit
No court shall proceed with the trial of any suit or proceeding in which the matter in issue is also directly and substantially in issue in a previously instituted suit or proceeding between the same parties, or between parties under whom they or any of them claim, litigating under the same title,...
- Section 7 of Civil Procedure Act CAP 21: Res judicata
No court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try...
- Section 8 of Civil Procedure Act CAP 21: Bar to further suit
Where a plaintiff is precluded by rules from instituting a further suit in respect of any particular cause of action, he shall not be entitled to institute a suit in respect of that cause of action.
- Section 9 of Civil Procedure Act CAP 21: When foreign judgment not conclusive
A foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim, litigating under the same title, except—
(a) where it has not been pronounced by a court of competent
jurisdiction;...
- Section 11 of Civil Procedure Act CAP 21: Court in which suit to be instituted
Every suit shall be instituted in the court of the lowest grade competent to try it, except that where there are more subordinate courts than one with jurisdiction in the same district competent to try it, a suit may, if the party instituting the suit or his advocate certifies that he believes that...
- Section 12 of Civil Procedure Act CAP 21: Suit to be instituted where subject matter situate
Subject to the pecuniary or other limitations prescribed by any law, suits—
(a) for the recovery of immovable property, with or without rent or
profits;
(b) for the partition of immovable property;
(c) for the foreclosure, sale or redemption in the case of a mortgage of or charge upon...
- Section 13 of Civil Procedure Act CAP 21: Suit for immovable property situate within jurisdiction of different courts
Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different courts, the suit may be instituted in any court within the local limits of whose jurisdiction any portion of the property is situate, provided that, in respect...
- Section 14 of Civil Procedure Act CAP 21: Suit for compensation for wrong to the person or movables
Where a suit is for compensation for wrong done to the person or to movable property, if the wrong was done within the local limits of the jurisdiction of one court and the defendant resides or carries on business, or personally works for gain, within the local limits of the jurisdiction of another...
- Section 15 of Civil Procedure Act CAP 21: Other suits to be instituted where defendant resides or cause of action arises
Subject to the limitations aforesaid, every suit shall be instituted in a court within the local limits of whose jurisdiction—
(a) the defendant or each of the defendants (where there are more than one) at the time of the commencement of the suit, actually and voluntarily resides or carries on...
- Section 16 of Civil Procedure Act CAP 21: Objections to jurisdiction
No objection as to the place of suing shall be allowed on appeal unless such objection was taken in the court of first instance and there has been a consequent failure of justice.
- Section 17 of Civil Procedure Act CAP 21: Power to transfer suits which may be instituted in more than one court
Where a suit may be instituted in any one of two or more subordinate courts, and is instituted in one of those courts, any defendant after notice to the other parties, or the court of its own motion, may, at the earliest possible opportunity, apply to the High Court to have the suit transferred to...
- Section 18 of Civil Procedure Act CAP 21: Power of High Court to withdraw and transfer case instituted in subordinate court
(1) On the application of any of the parties and after notice to the parties and after hearing such of them as desire to be heard, or of its own motion without such notice, the High Court may at any stage—
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to...
- Section 19 of Civil Procedure Act CAP 21: Institution of suits
Every suit shall be instituted in such manner as may be prescribed by rules.
- Section 20 of Civil Procedure Act CAP 21: Service on defendant
Where a suit has been duly instituted the defendant shall be served in manner prescribed to enter an appearance and answer the claim.
- Section 21 of Civil Procedure Act CAP 21: Service where defendant resides in another district
(1) Any document which is required to be served in connexion with a suit may be sent for service in another district to a court having jurisdiction in that district.
(2) The court to which such document is sent shall, upon receipt thereof, proceed as if it had been issued by such court and shall...
- Section 22 of Civil Procedure Act CAP 21: Power to order discovery and the like
Subject to such conditions and limitations as may be prescribed, the court may, at any time, either of its own motion or on the application of any party—
(a) make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission...
- Section 23 of Civil Procedure Act CAP 21: Summons to witness
Sections 21 and 22 shall apply to summonses to give evidence or to produce documents or other material objects.
- Section 24 of Civil Procedure Act CAP 21: Penalty for default
The court may compel the attendance of any person to whom a summons has been issued under section 22, and for that purpose may—
(a) issue a warrant for his arrest;
(b) attach and sell his property;
(c) impose a fine on him not exceeding one thousand shillings;
(d) order him to furnish...
- Section 25 of Civil Procedure Act CAP 21: Judgment and decree
The court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow:
Provided that it shall not be necessary for the court to hear the case before pronouncing judgment—
(i) where the plaint is drawn claiming a liquidated demand, and either—
(a) the...
- Section 26 of Civil Procedure Act CAP 21: Interests
(1) Where and in so far as a decree is for the payment of money, the court may, in the decree, order interest at such rate as the court deems reasonable to be paid on the principal sum adjudged from the date of the suit to the date of the decree in addition to any interest adjudged on such principal...
- Section 27 of Civil Procedure Act CAP 21: Costs
(1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incidental to all suits shall be in the discretion of the court or judge, and the court or judge shall have full power to determine by whom and out of...
- Section 28 of Civil Procedure Act CAP 21: Application to orders
The provisions of this Act relating to the execution of decrees shall, so far as they are applicable, be deemed to apply to the execution of orders.