Case law
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Division and case type: High Court Judicial ReviewJudicial Review Miscellaneous
…Rules, 2013, the Fair Administrative Action Act, the Law Reform Act and Order 53 of the Civil Procedure Rules. 23.…
…It argues that it has been settled by this Court and the other superior courts, the Court of Appeal and the Supreme Court, that the Civil Procedure Rules, save for Order 53 of the Civil Procedure Rules, that is sui generis…
Division and case type: High Court DivCivil Appeal
…Rules. c.…
…Order 50 Rule 4 of the Civil Procedure Rules: This provision excludes the period between 21st December and 13th January (24 days) from the computation of time.…
Division and case type: High Court FamilyFamily P&A Ad Colligenda
…Application of Civil Procedure Rules and High Court (Practice and Procedure) Rules(1)Save as is in the Act or in these Rules otherwise provided, and subject to any order of the court or a registrar in any particular case…
…for reasons to be recorded, the following provisions of the Civil Procedure Rules, namely Orders V, X, XI, XV, XVIII, XXV, XLIV and XLIX (Cap. 21, Sub.…
Division and case type: High Court FamilyFamily Miscellaneous
…I have also perused the Notice of Motion dated 1 st December 2025 which was brought under order 51 rule 1 of the Civil Procedure rules, section 80 of the Civil Procedure Act, order 45 rule 1 and 2 of the Civil Procedure rules…
…The Notice of Motion as noted above has been brought under order 51 rule 1 of the Civil Procedure rules, Section 80 of the Civil Procedure act, order 45 rule 1 and 2 of the Civil Procedure rules; which in essence seeks review…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…Rules, yet it is now trite that the applicable procedure in constitutional matters is set out in the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013, otherwise known…
…They are not subject to the Civil Procedure Rules, which governs processes that are brought under the Civil Procedure Act, Cap 21, Laws of Kenya.…
Division and case type: High Court CivilSmall Claims Appeal Case
…It was therefore a proper Motion under Order 42 Rule 6 of the Civil Procedure Rules. 2.…
…That Order 50 Rule 3 of the Civil Procedure Rules excluded holidays and weekends in computing time. 6.…
Division and case type: High Court Judicial ReviewJudicial Review
…The application is premised on order 42 rule 6 and order 51 rule 1 of the Civil Procedure Rules, and Article 159(2)(a) of the Constitution. 3.…
…The High Court exercises its power, with respect to applications for orders pending appeal, under order 42 of the Civil Procedure Rules.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Rules, 2010.…
…Order 10 Rule 4 of the Civil Procedure Rules, 2010 provides for consequences for not entering appearance and/or filing a defence in a suit where the claim is liquidated in nature, whereas Order 10 Rule 9 of the Civil Procedure…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…Rules, yet it is now trite that the applicable procedure in constitutional matters is set out in the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013, otherwise known…
…They are not subject to the Civil Procedure Rules, which governs processes that are brought under the Civil Procedure Act, Cap 21, Laws of Kenya.…
Division and case type: High Court DivCivil Appeal
…The Appellant submitted that the appeal raised a single issue, namely whether the trial Magistrate misapprehended Order 22 Rule 51(1) of the Civil Procedure Rules. 9.…
…Under Order 22 Rule 51 of the Civil Procedure Rules and buttressed by the authority above, objector proceedings ought to be filed before the sale of the attached asset. 22.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The respondent reacted, by way of an affidavit sworn on 1st November 2022, where it sought protection under Order 50 rule 3 of the Civil Procedure Rules.…
…Order 50 rule 3 of the Civil Procedure Rules, from its own language, is limited to computation of the times provided for in the Civil Procedure Rules.…
Division and case type: High Court DivCivil Appeal
…offend provisions of Section 75 of the Civil Procedure Act and Order 43 Rule 1(2) and (3) of the Civil Procedure Rules requiring a dissatisfied party to seek leave of the trial court to institute an appeal against an order…
…made pursuant to Order 40 Rule 4 of the Civil Procedure Rules granting ex parte injunction like the order appealed from herein given on 2 nd January 2026. 4.…
Division and case type: High Court Commercial and TaxCommercial Matters
…It is brought primarily under Order 42 Rule 6 of the Civil Procedure Rules, and it is supported by an affidavit sworn by Daniel Chege Kamau on 22.4.2024. 3.…
…The judgment debtor argued that the applicant’s advocates are improperly on record for failure to comply with Order 9 Rule 9 of the Civil Procedure Rules. 23.…
Division and case type: High Court CivilCivil Appeal
…The same was brought under the provisions of Section 1A, 1B, 3 & 3A of the Civil Procedure Act, Order 9 rules 9 & 10 and Order 42 rule 6 of the Civil Procedure Rules 2010 as well as Article 159 (2) of the Constitution. 2.…
…This clearly offends the express provisions of Order 9 Rule 9 of the Civil Procedure Rules. 28.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…The Court notes that the provisions cited in application namely Sections 1A & 3A of the Civil Procedure Act and Order 42 Rule 35 & Order 51 Rule 1 Civil Procedure Rules apply to suits but not appeals.…
…The Appellant does not seem to have any role in fixing the appeal for directions as contemplated under Order 42 Rule 11 of Civil Procedure Rules and Order 42 Rule 13 (1) of the Civil Procedure Rules.…
Division and case type: High Court Judicial ReviewJudicial Review
…Rules. 3.…
…It is fatally defective, not curable under Order 19 of the Civil Procedure Rules or Article 159 of the Constitution. 4. Order 19 Rules 7 and 8 of the Civil Procedure Rules provides that: 7.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Rules, 2010.…
…Rules, 2010.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Rules.…
…Rules.…
Division and case type: High Court DivCivil Appeal
…On Order 42 rules Civil Procedure Rules, it is submitted that the court retains discretion to order security be deposited.…
…42 rule 6(2) of the Civil Procedure Rules.…
Division and case type: High Court DivCivil Appeal
…Rules.…
…Rules.” 9.…