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…fact enter appearance following service of summons, thereby acknowledging the suit, but have since neglected and/or failed to take the subsequent procedural step of filing their defences as required under the applicable procedural…

…rules. 3.…

…He confirmed the existence of the Service Agreement dated 14th November 2020 but asserted that clause 17.4 merely provided procedural rules and did not designate any arbitral forum.…

…He reiterated that clause 17.4 of the Service Agreement expressly provided that disputes would be settled under the ICC Rules, which prescribe not only procedural rules but also the mechanism for appointment of arbitrators…

…Arbitration, by contrast, is a consensual process, firmly rooted in contract and the procedural rules adopted by the parties.…

…This position is reinforced by Rule 25 of the CIArb Arbitration Rules (2020), which were the chosen procedural rules by the parties. That Rule expressly treats counterclaims as responsive pleadings.…

…Procedural rules cannot override, amend or enlarge statutory periods of limitation.…

…A subsidiary procedural rule cannot be invoked to defeat or modify the express requirements of the Limitation of Actions Act. 22.…

…Reliance is placed in the case of Felix Kiprono Matagei v Attorney General; Law Society of Kenya (Amicus Curiae) [2021] Eklr where it was held that the procedural rules in Order 53 of the Civil Procedure Rules that governed…

…Rules, 2013 or by way of a substantive notice of motion under Section 8 of the Law Reform Act with the procedural law rules being Order 53 of the Civil Procedure Rules which require leave of this Court before the substantive…

…Ltd) [2014] KECA 600 (KLR), the Court of Appeal observed that Article 159(2)(d) of the Constitution and the overriding objective principle are intended to advance substantive justice and are not to be invoked to defeat procedural…

…rules altogether.…

…In the court’s view, striking out the appeal in the circumstances would amount to an unduly rigid application of procedural rules. 7.…

…In Martha Wangari Karua v Independent Electoral & Boundaries Commission & 3 others [2018] KECA 791 (KLR), the Court of Appeal emphasized that procedural rules are handmaidens of justice and that courts should avoid striking…

…In Kimani Muhoro v John Waiganjo Mbuthia & Mark Gituku Gichuhi [2013] KECA 419 (KLR), the Court of Appeal emphasized that courts exercising procedural discretion must ensure that the application of procedural rules complies…

…The conduct of arbitral proceedings, including the setting of procedural rules, is a matter reserved for the arbitrator and the parties. This Court has no mandate to interfere in such processes.…

…The procedural rules should not be applied to allow abuse of the court process, where parties apply for orders, obtain them and later change their capacities and stance.…

…These provisions suggest that an interlocutory judgment may be entered even where the claim is not for pecuniary damages, provided the procedural rules have been followed.…

…This is a substantive legal inquiry requiring judicial scrutiny and cannot be presumed under procedural rules.…

…The procedural rules (CPR 2010), which are the only applicable rules, do not provide for such a limitation on time in relation to an application for orders of mandamus but only when seeking orders of certiorari. 4.…

…This is because susceptibility to judicial review under this head covers also failure by an administrative tribunal to observe procedural rules that are expressly laid down in the legislative instrument by which its jurisdiction…

…Second, and related to the first reason, the respondent failed to observe procedural rules that are expressly laid down in its own constitution by which its jurisdiction is conferred.…

…They are the main players in the litigation as a result of which they decide how the suit will be prosecuted within the framework and the dictates of The Civil Procedure or any other procedural Rules. 4.…

…Lack of Established Guidelines: The absence of clear procedural rules within the Respondent for handling complaints against judges in such circumstances creates a risk of arbitrary and unfair administrative actions.…

…rules are in place.…

…This is because susceptibility to judicial review under this head covers also failure by an administrative tribunal to observe procedural rules that are expressly laid down in the legislative instrument by which its jurisdiction…

…Taking cue from Lord Diplock’s definition of this ground, I would say that the learned Kadhi failed to observe procedural rules that are expressly laid down in the legislative instrument by which his jurisdiction in contempt…

…He asserted that substantive justice ought not to be sacrificed at the altar of strict adherence to procedural Rules. He urged this Court to balance the rights of all parties appearing before it. 8.…

…rules. 26.…

…KENYA LIMITED VERSUS JOHN OCHANDA 2014 Eklr, the court of appeal stated as follows; “we are content to state that the constitutional provision is not meant to whitewash every procedural failing and it is not meant to place procedural…

…rules at naught … there is great utility in complying with the rules of procedure and that such compliance is neither anathema nor antithetical to the attainment of substantive justice.…