- Order 46, rule 6 of Civil Procedure Rules : 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 of Civil Procedure Rules : 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 in accordance with such process or making any other default, or refusing to give their evidence, or...
- Order 46, rule 8 of Civil Procedure Rules : 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 made since the expiry of the time allowed.
(2) On application made by a party, arbitrator or...
- Order 46, rule 9 of Civil Procedure Rules : 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 delivered to the court or to the umpire a notice in writing stating that they cannot agree.
- Order 46, rule 10 of Civil Procedure Rules : 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 been taken and proved before them.
- Order 46, rule 11 of Civil Procedure Rules : 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 within thirty days of the notice.
(3) On the date and at the time fixed by the notice the award...
- Order 46, rule 12 of Civil Procedure Rules : 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 the opinion of the court, and the court shall deliver its opinion thereon, and shall order such...
- Order 46, rule 13 of Civil Procedure Rules : 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 of Civil Procedure Rules : 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 affect the decision on the matter referred;
(b) where the award is imperfect in form, or contains...
- Order 46, rule 15 of Civil Procedure Rules : 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 undetermined any of the matters referred to arbitration, or where it determines any matter not referred...
- Order 46, rule 16 of Civil Procedure Rules : 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 he ought to have disclosed, or has wilfully misled or deceived the arbitrator or umpire.
(2) An...
- Order 46, rule 17 of Civil Procedure Rules : 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 been fixed by the court under rule 11 within thirty days of that date.
- Order 46, rule 18 of Civil Procedure Rules : 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
(b) when an application under rules 13, 14 or 16 has been heard and determined and no other application...
- Order 46, rule 19 of Civil Procedure Rules : Forms
Form Nos. 28 to 32 of Appendix A shall be used for the respective purposes therein mentioned.
- Order 46, rule 20 of Civil Procedure Rules : 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 resolution (including mediation) for the attainment of the overriding objective envisaged under sections 1A...
- Order 47, rule 1 of Civil Procedure Rules : 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 of Civil Procedure Rules : 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 Gazette amend the Schedule to subrule (1) by the addition or deletion of any area, place of Registry or...
- Order 47, rule 3 of Civil Procedure Rules : 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 of Civil Procedure Rules : 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, all proceedings shall be taken in such registry subject to any order fixing the place of trial made by...
- Order 47, rule 5 of Civil Procedure Rules : 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 district of any District Registry.
- Order 47, rule 6 of Civil Procedure Rules : 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 suit instituted in the Central Office shall be tried by the High Court sitting in the area of such...
- Order 47, rule 7 of Civil Procedure Rules : 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 Registrar; and when such suit is ready for trial it may be set down for hearing before a judge sitting at...
- Order 47, rule 8 of Civil Procedure Rules : 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 notwithstanding that the order or decision was in respect of a proceeding or matter as to which the District...
- Order 47, rule 9 of Civil Procedure Rules : 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 to the taxation of costs by a District Registrar.
- Order 47, rule 10 of Civil Procedure Rules : 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 shall, upon the payment to him of all fees, endorse the date of filing upon the memorandum of appeal,...
- Order 48, rule 1 of Civil Procedure Rules : 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 shall be paid within a time to be fixed before the process is issued.
- Order 48, rule 2 of Civil Procedure Rules : 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 of Civil Procedure Rules : 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 from time to time approved by the High Court.
- Order 48, rule 4 of Civil Procedure Rules : 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 procedure in the matter therein mentioned.
- Order 49, rule 1 of Civil Procedure Rules : 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 thereunto empowered by the Chief Justice by writing under his hand.