The Petitioner/Applicant has filed a Notice of Motion Application dated 05/03/2026 which has been placed before this Judge in Chambers for Directions.
The Court notes that the Notice of Motion Application does not comply with Order 51 Rule 13 of the Civil Procedure Rules which states that " Every application shall bear at the foot the words— “If any party served does not appear at the time and place above-mentioned such order will be made and proceedings taken as the court may think just and expedient.” "
The Application, being a formal written application, is also non-complaint with Rule 19 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 and it is not in the format specified as 'Form D' in the Schedule to the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules.
The Court further notes that the Supporting Affidavit annexed to the Petitioner/Applicant's Notice of Motion Application dated 05/03/2026 does not conform to the requirements of Order 19 Rules 4 and 5 of the Civil Procedure Rules. Notwithstanding the provisions of Order 19 Rule 7, I am satisfied that the defects raise above being mere procedural technicalities and render the Supporting Affidavit incapable of being properly an Affidavit under the law.
The Court registers its concern over how the impugned Supporting Affidavit was commissioned by a Commissioner for Oaths, given that it was electronically signed.
Furthermore, a general review of both the Application and the Supporting Affidavit satisfies this Court that both were machine-generated. An Applicant moves the Court either in their own words or in the words drawn by Counsel or any other lawful representative. As the law stands today, computer-generated or outputs of 'artificial-intelligence' cannot be a proper substitute for human-drawn documents. A party must draw and file their documents on their own accord and by their own hand or through their legal representatives.
Taken in totality, these defects make clear that the Petitioner/Applicant's Notice of Motion Application dated 05/03/2026 and its Supporting Affidavit of even date are ripe for summary determination in Chambers, with the only possible outcome being striking-out. The defects cannot be cured by amendment.
Consequently, and for the foregoing reasons the Petitioner/Applicant's Notice of Motion Application dated 05/03/2026 and its Supporting Affidavit of even date be and are hereby struck-out with no costs on the same.
The Applicant shall be at liberty to file a fresh Application and Affidavit that are complaint.
DATED, SIGNED, AND DELIVERED VIRTUALLY AND IN CHAMBERS ON THIS 6TH DAY OF MARCH IN THE YEAR 2026.
The Court notes that the Notice of Motion Application does not comply with Order 51 Rule 13 of the Civil Procedure Rules which states that " Every application shall bear at the foot the words— “If any party served does not appear at the time and place above-mentioned such order will be made and proceedings taken as the court may think just and expedient.” "
The Application, being a formal written application, is also non-complaint with Rule 19 of the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 and it is not in the format specified as 'Form D' in the Schedule to the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules.
The Court further notes that the Supporting Affidavit annexed to the Petitioner/Applicant's Notice of Motion Application dated 05/03/2026 does not conform to the requirements of Order 19 Rules 4 and 5 of the Civil Procedure Rules. Notwithstanding the provisions of Order 19 Rule 7, I am satisfied that the defects raise above being mere procedural technicalities and render the Supporting Affidavit incapable of being properly an Affidavit under the law.
The Court registers its concern over how the impugned Supporting Affidavit was commissioned by a Commissioner for Oaths, given that it was electronically signed.
Furthermore, a general review of both the Application and the Supporting Affidavit satisfies this Court that both were machine-generated. An Applicant moves the Court either in their own words or in the words drawn by Counsel or any other lawful representative. As the law stands today, computer-generated or outputs of 'artificial-intelligence' cannot be a proper substitute for human-drawn documents. A party must draw and file their documents on their own accord and by their own hand or through their legal representatives.
Taken in totality, these defects make clear that the Petitioner/Applicant's Notice of Motion Application dated 05/03/2026 and its Supporting Affidavit of even date are ripe for summary determination in Chambers, with the only possible outcome being striking-out. The defects cannot be cured by amendment.
Consequently, and for the foregoing reasons the Petitioner/Applicant's Notice of Motion Application dated 05/03/2026 and its Supporting Affidavit of even date be and are hereby struck-out with no costs on the same.
The Applicant shall be at liberty to file a fresh Application and Affidavit that are complaint.
DATED, SIGNED, AND DELIVERED VIRTUALLY AND IN CHAMBERS ON THIS 6TH DAY OF MARCH IN THE YEAR 2026.