CIVIL PROCEDURE ACT - Kenya Law Reports
LAWS OF KENYACIVIL PROCEDURE ACTCHAPTER 21Revised Edition 2012 [2010]Published by the National Council for Law Reportingwith the Authority of the Attorney-Generalwww.kenyalaw.org
[Rev. 2012]CAP. 21Civil ProcedureCHAPTER 21CIVIL PROCEDURE ACTARRANGEMENT OF SECTIONSPART I – PRELIMINARYSection1.1A.1B.2.3.3A.4.Short title and application.Objective of Act.Duty of Court.Interpretation.Saving of special jurisdiction and powers.Saving of inherent powers of court.Pecuniary jurisdiction.PART II – SUITS IN GENERALJurisdiction of Courts5.6.7.8.9.10.Courts to try all civil suits unless barred.Stay of suit.Res judicata.Bar to further suit.When foreign judgment not conclusive.Repealed.11.12.13.14.15.16.17.18.Court in which suit to be instituted.Suit to be instituted where subject-matter situate.Suit for immovable property situate within jurisdiction of different courts.Suit for compensation for wrong to the person or movables.Other suits to be instituted where defendant resides or cause of action arises.Objections to jurisdiction.Power to transfer suits which may be instituted in more than one court.Power of High Court to withdraw and transfer case instituted in subordinate court.19.Institution of suits.Place of SuingInstitution of SuitsProcedure in Suits and Discovery20.21.22.23.24.Service on defendant.Service where defendant resides in another district.Power to order discovery and the like.Summons to witness.Penalty for default.3[Issue 1]
CAP. 21[Rev. 2012]Civil ProcedureJudgment and DecreeSection25.Judgment and decree.26.Interests.27.Costs.InterestCostsPART III – EXECUTIONGeneral28.29.Application to orders.Definition of “court which passed a decree”.30.31.32.33.Court by which decree may be executed.Transfer of decree.Result of execution proceedings to be certified.Powers of court in executing transferred decree.34.35.Questions to be determined by court executing decree.Repealed.Courts by which Decrees may be ExecutedQuestions to be Determined by Court Executing DecreeTransferees and Legal Representatives36.37.Transferee of decree.Legal representative.38.39.Powers of court to enforce execution.Enforcement of decree against legal representative.40.41.42.43.Arrest and detention.Subsistence allowances.Detention and release.Release on ground of illness.44.45.46.47.Property liable to attachment and sale in execution of decree.Seizure of property in dwelling-house.Property attached in execution of decrees of several courts.Private alienation of property after attachment to be void.Procedure in ExecutionArrest and DetentionAttachmentSale48.49.Purchaser’s title.Suit against purchaser not maintainable on ground of purchase being on behalf ofplaintiff.[Issue 1]4
[Rev. 2012]CAP. 21Civil ProcedureDistribution of AssetsSection50.Distribution of assets.51.Resistance to execution.Resistance to ExecutionPART IV – INCIDENTAL PROCEEDINGSCommissions52.53.54.55.Power of court to issue commission.Commission to another court.Letter of request.Commission issued by foreign court.PART V – SUITS IN PARTICULAR CASESSuits by Aliens and by or against Foreign Rulers56.57.When alien may sue.When foreign state may sue.Interpleader58.When interpleader suit may be instituted.PART VI – SPECIAL on.Establishment of Mediation Accreditation Committee.Reference of cases to mediation.Other alternative dispute resolution methods.Power to enforce private mediation agreements.60.Power to state case for opinion of court.61.62.Public nuisance.Public charity.Special CaseSuits Relating to Public MattersPART VII – SUPPLEMENTAL PROCEEDINGS63.64.Supplemental proceedings.Compensation for arrest, attachment or injunction on insufficient grounds.PART VIII – APPEALS TO THE HIGH COURT AND COURT OF APPEALAppeals from Original Decrees65.66.67.68.Appeal from other courts.Appeal from decree of High Court.Appeal from original decree.Appeal from final decree where no appeal from preliminary decree.5[Issue 1]
CAP. 21[Rev. 2012]Civil ProcedureSection69.70.71.Decision where appeal heard by two or more judges.Renumbered.Renumbered.Appeals from Appellate Decrees of a Subordinate Court71A. Second appeal from subordinate court.Appeals from Appellate Decrees of the High Court72.73.74.Second appeal from the High Court.Repealed.Repealed.75.76.77.Orders from which appeal lies.Other Orders.What court to hear appeal.78.79.79A.79B.79C.79D.79E.79F.79G.Powers of appellate court.Procedure in appeals from appellate decrees and orders.No decree to be altered for error not affecting merits or jurisdiction.Summary rejection of appeal.Mode of hearing appeal.Grounds for second appeal from High Court.No second appeal from High Court in certain cases.Appeals by paupers.Time for filing appeals from subordinate courts.80.Review.81.Rules xemption of certain women.Arrest other than in execution of decree.Exemption from arrest under civil process.Procedure relating to arrest and attachment.Language of courts.Assessors.Administration of oath on affidavit.Miscellaneous proceedings.Orders and notices to be in writing.Application for restitution.Enforcement of liability of surety.Consent or agreement by persons under disability.Execution of decree of High Court before costs ascertained.Appeals from OrdersGeneral Provisions Relating to AppealsPART IX – REVIEWPART X – RULESPART XI – MISCELLANEOUS PROVISIONS[Issue 1]6
[Rev. 2012]CAP. 21Civil ProcedureSection95.96.97.98.99.100.Enlargement of time.Power to make up deficiency of court fees.Renumbered.Execution of instruments by order of court.Amendment of judgments, decrees or orders.General power to amend.7[Issue 1]
[Rev. 2012]CAP. 21Civil ProcedureCHAPTER 21CIVIL PROCEDURE ACT[Date of commencement: 31st January, 1924.]An Act of Parliament to make provision for procedure in civil courts[Cap. 5 (1948), Act No. 39 of 1956, L.N. 299/1956, L.N. 300/1956, Act No. 46 of 1963, Act No. 19 of1964, Act No. 17 of 1967, Act No. 8 of 1968, Act No. 21 of 1968, Act No. 38 of 1968, Act No. 10 of1969, Act No. 11 of 1970, Act No. 4 of 1974, Act No. 14 of 1977, Act No. 13 of 1978, Act No. 13 of1980, Act No. 1 of 1981, L.N. 22/1984, L.N. 50/1985; L.N. 36/2000, L.N. 128/2001, Act No. 6 of 2009,Act No. 12 of 2012.]PART I – PRELIMINARY1. 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 theMagistrate’s Courts Act (Cap. 10), to proceedings in subordinate courts.[Act No. 17 of 1967, s. 37.]1A. Objective of Act(1) The overriding objective of this Act and the rules made hereunder is tofacilitate the just, expeditious, proportionate and affordable resolution of the civildisputes governed by the Act.(2) The Court shall, in the exercise of its powers under this Act or theinterpretation of any of its provisions, seek to give effect to the overridingobjective specified in subsection (1).(3) A party to civil proceedings or an advocate for such a party is under aduty to assist the Court to further the overriding objective of the Act and, to thateffect, to participate in the processes of the Court and to comply with thedirections and orders of the Court.[Act No. 6 of 2009, Sch.]1B. Duty of Court(1) For the purpose of furthering the overriding objective specified in section1A, the Court shall handle all matters presented before it for the purpose ofattaining the following aims—(a)the just determination of the proceedings;(b)the efficient disposal of the business of the Court;(c)the efficient use of the available judicial and administrativeresources;(d)the timely disposal of the proceedings, and all other proceedings inthe Court, at a cost affordable by the respective parties; and(e)the use of suitable technology.[Act No. 6 of 2009, Sch.]9[Issue 1]
CAP. 21[Rev. 2012]Civil Procedure2. InterpretationIn this Act, unless the context otherwise requires—“Act” includes rules;“court” means the High Court or a subordinate court, acting in theexercise of its civil jurisdiction;“decree” means the formal expression of an adjudication which, so far asregards the court expressing it, conclusively determines the rights of theparties with regard to all or any of the matters in controversy in the suit andmay be either preliminary or final; it includes the striking out of a plaint and thedetermination of any question within section 34 or section 91, but does notinclude—(a)any adjudication from which an appeal lies as an appeal from anorder; or(b)any order of dismissal for default:Provided that, for the purposes of appeal, “decree” includes judgment, anda judgment shall be appealable notwithstanding the fact that a formal decree inpursuance of such judgment may not have been drawn up or may not be capableof being drawn up;Explanation. — A decree is preliminary when further proceedings have to betaken before the suit can be completely disposed of. It is final when suchadjudication completely disposes of the suit. It may be partly preliminary andpartly final.“decree holder” means any person in whose favour a decree has beenpassed or an order capable of execution has been made, and includes theassignee of such decree or order;“district” means the local limits of the jurisdiction of a subordinate court;“foreign court” means a court situate outside Kenya which has noauthority in Kenya;“foreign judgment” means the judgment of a foreign court;“impartial” in relation to a dispute means being and being seen to beunbiased towards parties to a dispute, their interests and the options theypresent for settlement;“judge” means the presiding officer of a court;“judgment-debtor” means any person against whom a decree has beenpassed or an order capable of execution has been made;“legal representative” means a person who in law represents the estateof a deceased person, and where a party sues or is sued in a representativecharacter the person on whom the estate devolves on the death of the partyso suing or sued;“mediation” means an informal and non-adversarial process where animpartial mediator encourages and facilitates the resolution of a disputebetween two or more parties, but does not include attempts made by a judgeto settle a dispute within the course of judicial proceedings related thereto;[Issue 1]10
[Rev. 2012]CAP. 21Civil Procedure“mediation rules” means the mediation rules made under this Act;“mediator” means an impartial third party selected to carry out amediation;“mesne profits”, in relation to property, means those profits which theperson in wrongful possession of such property actually received or might withordinary diligence have received therefrom, together with interest on suchprofits, but does not include profits due to improvements made by the personin wrongful possession;“movable property” includes growing crops;“order” means the formal expression of any decision of a court which isnot a decree, and includes a r. nisi;“pleading” includes a petition or summons, and the statements in writingof the claim or demand of any plaintiff, and of the defence of any defendantthereto, and of the reply of the plaintiff to any defence or counterclaim of adefendant;“prescribed” means prescribed by rules;“registrar” includes a district registrar and a deputy registrar;“rules” means rules and forms made by the Rules Committee to regulatethe procedure of courts;“share in a corporation” includes stock, debenture stock, debenturesand bonds;“suit” means all civil proceedings commenced in any manner prescribed.[Act No. 17 of 1967, s. 38, Act No. 10 of 1969, Sch., Act No. 4 of 1974, Sch.,Act No. 12 of 2012, Sch.]3. Saving of special jurisdiction and powersIn the absence of any specific provision to the contrary, nothing in this Actshall limit or otherwise affect any special jurisdiction or power conferred, or anyspecial form or procedure prescribed, by or under any other law for the timebeing in force.3A. Saving of inherent powers of court.Nothing in this Act shall limit or otherwise affect the inherent power of thecourt to make such orders as may be necessary for the ends of justice or toprevent abuse of the process of the court.4. Pecuniary jurisdictionSave in so far as is otherwise expressly provided, nothing herein containedshall operate to give any court jurisdiction over suits the amount or value of thesubject-matter of which exceeds the pecuniary limits, if any, of its ordinaryjurisdiction.11[Issue 1]
CAP. 21[Rev. 2012]Civil ProcedurePART II – SUITS IN GENERALJurisdiction of Courts5. Courts to try all civil suits unless barredAny court shall, subject to the provisions herein contained, have jurisdiction totry all suits of a civil nature excepting suits of which its cognizance is eitherexpressly or impliedly barred.6. Stay of suitNo court shall proceed with the trial of any suit or proceeding in which thematter in issue is also directly and substantially in issue in a previously institutedsuit or proceeding between the same parties, or between parties under whomthey or any of them claim, litigating under the same title, where such suit orproceeding is pending in the same or any other court having jurisdiction in Kenyato grant the relief claimed.Explanation.—The pendency of a suit in a foreign court shall not preclude acourt from trying a suit in which the same matters or any of them are in issue insuch suit in such foreign court.[Act No. 10 of 1969, Sch.]7. Res judicataNo court shall try any suit or issue in which the matter directly andsubstantially in issue has been directly and substantially in issue in a former suitbetween the same parties, or between parties under whom they or any of themclaim, litigating under the same title, in a court competent to try such subsequentsuit or the suit in which such issue has been subsequently raised, and has beenheard and finally decided by such court.Explanation. (1)—The expression “former suit” means a suit which has beendecided before the suit in question whether or not it was i
CIVIL PROCEDURE ACT CHAPTER 21 Revised Edition 2012 [2010] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012] CAP. 21 Civil Procedure 3 [Issue 1] CHAPTER 21 CIVIL PROCEDURE ACT ARRANGEMENT OF SECTIONS PART I – PRELIMINARY Section 1. Short title and application. 1A. Objective of Act. 1B. Duty of Court. 2. Interpretation .
An Act of Parliament to apply the English common law of contract to Kenya, with certain modifications [L.N. 87/1964, Act No. 28 of 1968, Act No. 3 of 1987, Act No. 21 of 1990, Act No. 5 of 1996, Act No. 2 of 2002.] 1. Short title This Act may be cited as the Law of Contract Act. 2. English law of contract to apply in Kenya
KENYA DEPOSIT INSURANCE ACT No. 10 of 2012 Revised Edition 2012 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012] No. 10 of 2012 Kenya Deposit Insurance 3 [Issue 1] NO. 10 OF 2012 KENYA DEPOSIT INSURANCE ACT ARRANGEMENT OF SECTIONS
6 of 2001, Act No. 7 of 2002, Act No. 15 of 2003, Act No. 4 of 2004, Act No. 6 of 2005, Act No. 10 of 2006, Act No. 9 of 2007, Act No. 8 of 2008, Act No. 8 of 2009, Act No. 10 of 2010, Act No. 4 of 2012.] PART I - PRELIMINARY 1. Short title and commencement This Act may be cited as the Income Tax Act, 1973 and shall, subject to the
2 ABORIGINAL USE OF LEGAL AID CIVIL AND FAMILY LAW SERVICES 41 2.1 Legal Aid for Civil Law Matters 2.1.1 Applications for Civil Aid 2.1.2 Applications for Civil Aid by Gender 2.1.3 Successful Grants of Legal Aid for Civil Law Matters 2.1.4 Grants of Civil Aid by Gender 2.2 The Provision of Minor Assistance for Civil Law Matters
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Code of Civil Procedure, 1908. ACT NO. V OF 1908 [21st March 1908] An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows: - PRELIMINARY 1.-(l) This Act may be cited as the Code of Civil Procedure .
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