Cap 21 is the main piece of legislation that provides procedures. It depends on the kind of pleadings, if the defence admits the facts as stated by the plaintiff. Laws of kenya advocates act chapter 16 revised edition 2012 1989. Files civil procedure act and civil procedure rules of kenya. The stay of a suit is provided for in the civil procedure act cap 21 of 2012 and only applies to suits instituted in the national courts. This provision is significant in that it retains the other powers or jurisdictions such as to punish for disobedience of an injunction order under section 63 of the civil procedure act, cap 21 of the laws of kenya and the jurisdiction of the supreme court to punish for contempt in proceedings before it under section 284 of the supreme court. This course is primarily concerned with companies as defined in the companies act, cap. Laws of kenya limitation of actions act chapter 22 revised edition 2012 2010. The data protection civil registration regulations, 2020. Any other document may be registered, at the option of the person holding the same. The civil procedure act, the interpretation and general provisions act and the evidence act, were enacted in the years 1924, 1956, and 1963 respectively. Trial of offences under penal code and other written laws.
Below is a list of the parts and sections of the act. Apr 25, 2017 this course is primarily concerned with companies as defined in the companies act, cap. This book presents a detailed and practical explanation of the law of civil procedure in kenya. These laws are critical in governing the administration of civil justice, interpretation of statute law and providing guidance on substantive and procedural aspects of evidence.
This part shall be read as one with the appellate jurisdiction act, hereinafter referred to as the principal act. An act of parliament to provide for the establishment of an appropriate legal and institutional framework for the management of the. Constitutional supremacy over arbitration in kenya university staff. Section 44 of the civil procedure act cap 21 laws of kenya property liable to. These laws are critical in governing the administration of civil justice, interpretation of statute law and providing guidance on substantive and procedural aspects of. Omission to sue for or relinquishment of part of claim. In this act, unless the context otherwise requires act includes rules. Arrangement of sections part i preliminary section 1short title and application. Below are some topics and a comprehensive introduction to the kenya civil procedure law. Under section 2 of the civil procedure and limitation miscellaneous provisions act in the matter of an intended suit, between name, plaintiff. Civil procedure is a detailed provision of the detailed procedure provided by the constitution. The data protection civil registration regulations, 2020 3 28data security procedure.
Leg shall, mutatis mutandis, apply in respect of the procedure to be followed in an appeal under section 8 2 of the act as they apply in respect of an appeal from a subordinate court to the high court. The civil procedure code, 1966 index preliminary section 1. The criminal procedure act principal legislation arrangement of sections section title part i preliminary provisions 1. Which laws are generally applicable to the enforcement of a foreign. Chapter 446 the state corporattons act commencement. Government of the republic of zambia arrest, escape and retaking arrest generally 18. Some companies are formed under specific acts of parliament. The criminal procedure act principal legislation arrangement of sections section title part i preliminary provisions. In the absence of any specific provision to the contrary, nothing in this act shall limit or otherwise affect any special jurisdiction or power conferred, or any special form or procedure prescribed, by or under any other law for the time being in force.
History and sources of civil procedure in kenya statutesthe constitution of kenyathe civil procedure act, cap 21 the judicature act, cap 8the limitation of actions act, cap 22the appellate jurisdiction act, cap 9the magistrates court act, cap 10the arbitration act, no. Revised edition 2010 1990 published by the national council for law reporting with the authority of the attorney general. Kenya citizenship act chapter 170 kenya citizenship act chapter 170 kenya citizenship act, cap 170 local government act chapter 265 maseno university act, 2000 mohammedan marriage and divorce registration act chapter 155 national assembly powers and privileges act national flag, emblems and names chapter 99. Civil procedure act 1929 uganda legal information institute. Laws of kenya interpretation and general provisions act chapter 2 revised edition 2012 2010 published by the national council for law reporting with the authority of the attorneygeneral. This act may be cited as the state corporathns act.
The kenya civil procedure act outlines the rules and procedure of civil litigations. This act may be cited as the banking act interpretation 2. Because there are four marriage systems in kenya, namely. Mog between the difc courts and high court of kenya. Civilprocedureactcap21 laws of kenya the civil procedure. Laws of kenya as read with section 36 of the same code. The rules committee established under the civil procedure act cap 21 shall make rules to regulate any matter of practice or procedure under this act. Kenya citizenship act chapter 170 kenya citizenship act, cap 170 local government act chapter 265 maseno university act, 2000. The civil procedure code principal legislation arrangement of sections title section part ia preliminary provisions 1. Under civil procedure rules there are times when the defendant must begin, usually it is the plaintiff who is entitled.
The law of succession in kenya university of nairobi. Published by the national council for law reporting with the. Under section 9 of the civil procedure act, cap 21, laws of kenya the cp act. Laws of kenya industrial training act chapter 237 revised edition 2012 1983 published by the national council for law reporting with the authority of the attorneygeneral. Civil procedure act and civil procedure rules of kenya. Arbitration in kenya is recognized under and governed by the arbitration act, 1995, the civil procedure act cap. Republic of zambia the criminal procedure code act chapter 88 of the laws of zambia chapter 88 the criminal procedure code actchapter 88 the criminal procedure code act arrangement of sections part i preliminarypart i preliminary section 1. Wachira weheire v attorneygeneral global health rights. Interpretation and general provisions act kenya law reports. Cessation of application of married women property act the married women property act shall cease to extend to or apply in kenya.
This section gives you details on the civil procedure in kenya under the civil procedure act and civil procedure rules 2010. An act to make provision for procedure in civil courts. Nothing in this section shall affect the provisions of the armed forces act cap. Proof of admissions against persons making them, and by or on their behalf. Arrest, escape, recapture, search warrants and seizure. The civil procedure code cap 33 revised edition 2002 cpc the arbitration rules section 20, cap 15 r.
Whereas it is expedient to consolidate and amend the laws relating to the procedure of the courts of civil judicature. Take notice that name and description of intending plaintiff of address intends to institute a suit against name and description of intended defendant in the. The kenya law reform commission klrc, established by the kenya law. Decree against plaintiff by default bars fresh suit. East africa uganda the arbitration and conciliation act, chapter 4, laws of uganda 2000 in effect from 19may 2000, as amended by the arbitration and conciliation amendment act, no. Procedure for instituting and prosecuting contempt proceedings. With amendments in the civil procedure act 2010 of kenya, there was an introduction of the overriding objective principle for the just, expeditious and efficient adjudication of civil matters. Laws of kenya environmental management and coordination act chapter 387 revised edition 2012 1999 published by the national council for law reporting with the authority of the attorneygeneral.
Request pdf a commentary on the civil procedure act cap 21. So far, there have been no claims like this brought before any kenyan court. An act of parliament to prescribe periods for the limitation for actions and arbitrations, and to make provision concerning the acquisition of easements by prescription, and for matters incidental thereto and matters connected therewith act no. Laws of kenya the registration of documents act chapter 285. There are companies incorporated otherwise than under the companies act. The data protection civil registration regulations, 2020 4 the data protection act, 2019 no. The united republic of tanzania bill supplement no. Civil procedure act chapter 21 civil procedure act chapter 21 contracts in restraint of trade chapter 24. This act shall extend to proceedings in the high court and magistrates courts.
Only certain claims to be joined for recovery of immovable. In civil contentious proceedings, courts shall decide within the limits of the. These are companies which are formed and registered under that act. The act creates jurisdiction in general terms, it is divided into 11 parts each containing sections which make provisions for particular subjects. In this act, unless there is anything repugnant in the subject or context.
Under section 9 of the civil procedure act, cap 21, laws of kenya the cp act, a foreign judgment shall be conclusive as to any matter thereby directly. The civil procedure is basically concerned with cases of a civil nature in the court, their procedure. Procedure where defendant app ears on day of adjourned hearing. Power of police officer to detain and search vehicles and persons in certain. Under order 46 of the civil procedure code, it is not within the powers of the court to issue this order. Civil procedure act 3 article 11 the party who, for reasons of ignorance, fails to avail himself or herself of the rights belonging to him or her under this act shall be instructed by the court as to which procedural. Statute law we are concerned with the civil procedure act cap 21. Short title this act may be cited as the evidence act. Laws of kenya civil procedure act chapter 21 revised edition 2012 2010 published by the national council for law reporting with the authority of the attorneygeneral. Home files civil procedure act and civil procedure rules of kenya. See also order 46, civil procedure rules 2010 legal notice no. The parties legal representatives shall be designated by the law or act by. No person offered as a witness shall be excluded, by removalof. A party to civil proceedings or an advocate for such a party is under a duty to assist the court to further the overriding objective of the act and, to that effect.
1107 236 1144 1182 749 945 1467 1131 246 1028 450 1543 901 1265 528 756 292 751 866 404 1247 741 1218 1137 1296 561 821 59 585 786 1007