Rule
1- Commencement of suit and case track allocation- Every suit under Kenya law shall be
instituted by presenting a plaint to the Court, or in such other manner
as may be prescribed.The claim shall indicate at the heading the choice
of track; namely “small claims”,“fast track” or “multi-track”.A small
claim” refers to a simple claim, involving not more than two parties and
whose monetary value does no t exceed Kshs. 49,999/-;Fast track” refers
to a case with undisputed facts and legal issues; relatively few
parties; and would likely be concluded within one hundred and eighty days after the pre-
trial
directions.Multi-track” refers to a case with complex facts and legal
issues; or several parties and which would likely be concluded within
two hundred and forty days from the date of the pretrial directions. In
choosing a case track, the plaintiff shall have regard to all relevant
considerations including the following-
(a) the complexity of the issues of fact, law or evidence;
(b) the financial value of the claim;
(c) the likely expense to the parties;
(d) the importance of issues of law or fact to the public;
(e) the nature of the remedy sought;
(f) the number of parties or prospective parties; and
(g) the time required for pre-trial disclosures and for preparation for trial or hearing;
Rule 2- Documents to accompany suit- All suits filed including suits against the government, except small claims, shall be accompanied by —
(a) the affidavit
(b) a list of witnesses to be called at the trial;
(c) written statements signed by the witnesses excluding expert witnesses; and
(d) copies of documents to be relied on at the trial including a demand letter before action.
Rule 3- Register of civil suits and filing- A register of suits, to be called the register of civil suits, shall be kept at every registry; and the particulars of every suit filed in a registry shall be entered in the register and all such suits shall be numbered in each year according to the order in which they are instituted in that registry.Every plaint to be filed shall be presented to the registry during office hours together with any fee payable on its filing and each such plaint shall be date-stamped with the date on which it was so presented which shall be the date of filing the suit notwithstanding any dispute as to the amount of the fee payable.
Rule 4- Suit to include the whole claim- Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim. Where a plaintiff omits to sue in respect of or relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion omitted or relinquished.A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of the court, to sue for all such reliefs he shall not afterwards sue for any relief so omitted.
Rule 5- Joinder of causes of action- A plaintiff may unite in the same suit several causes of action against the same defendant or the same defendants jointly; and any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite such causes of action in the same suit.Where causes of action are united, the jurisdiction of the court as regards the suit shall depend on the amount or value of the aggregate of the subject-matters at the date of instituting the suit.
Rule 6- Only certain claims to be joined with a suit for recovery of immovable property- No cause of action under Kenya law shall, except with the leave of the court, be joined with a suit for the recovery of immovable property, except—
(a) claims for mesne profits or arrears of rent in respect of the property claimed or any part thereof;
(b) claims for damages for breach of any contract under which the property or any part thereof is held;
(c) claims for damages for any wrong or injury to the premises claimed; and
(d) claims in which the relief sought is based on the same cause of action:
Rule 7- Claims by or against executor, administrator or respect heir- No claim by or against an executor or administrator, as such, shall be joined with claims by or against him personally, unless the last-mentioned claims are alleged to arise with reference to the estate in of which the plaintiff or defendant sues or is sued as executor or administrator, or are such as he was entitled to, or liable for, jointly with the deceased person whom he represents.
Rule 8- Power of court to order separate trials- Where it appears to the court that any causes of action joined in one suit cannot be conveniently tried or disposed of together, the court may either on the application of any party or of its own motion order separate trials or may make such order as may be expedient.
Rule 9- Declaratory judgment- No suit shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make a binding declaration of right whether any consequential relief is or could be claimed or not.
(a) the complexity of the issues of fact, law or evidence;
(b) the financial value of the claim;
(c) the likely expense to the parties;
(d) the importance of issues of law or fact to the public;
(e) the nature of the remedy sought;
(f) the number of parties or prospective parties; and
(g) the time required for pre-trial disclosures and for preparation for trial or hearing;
Rule 2- Documents to accompany suit- All suits filed including suits against the government, except small claims, shall be accompanied by —
(a) the affidavit
(b) a list of witnesses to be called at the trial;
(c) written statements signed by the witnesses excluding expert witnesses; and
(d) copies of documents to be relied on at the trial including a demand letter before action.
Rule 3- Register of civil suits and filing- A register of suits, to be called the register of civil suits, shall be kept at every registry; and the particulars of every suit filed in a registry shall be entered in the register and all such suits shall be numbered in each year according to the order in which they are instituted in that registry.Every plaint to be filed shall be presented to the registry during office hours together with any fee payable on its filing and each such plaint shall be date-stamped with the date on which it was so presented which shall be the date of filing the suit notwithstanding any dispute as to the amount of the fee payable.
Rule 4- Suit to include the whole claim- Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action; but a plaintiff may relinquish any portion of his claim. Where a plaintiff omits to sue in respect of or relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion omitted or relinquished.A person entitled to more than one relief in respect of the same cause of action may sue for all or any of such reliefs; but if he omits, except with the leave of the court, to sue for all such reliefs he shall not afterwards sue for any relief so omitted.
Rule 5- Joinder of causes of action- A plaintiff may unite in the same suit several causes of action against the same defendant or the same defendants jointly; and any plaintiffs having causes of action in which they are jointly interested against the same defendant or the same defendants jointly may unite such causes of action in the same suit.Where causes of action are united, the jurisdiction of the court as regards the suit shall depend on the amount or value of the aggregate of the subject-matters at the date of instituting the suit.
Rule 6- Only certain claims to be joined with a suit for recovery of immovable property- No cause of action under Kenya law shall, except with the leave of the court, be joined with a suit for the recovery of immovable property, except—
(a) claims for mesne profits or arrears of rent in respect of the property claimed or any part thereof;
(b) claims for damages for breach of any contract under which the property or any part thereof is held;
(c) claims for damages for any wrong or injury to the premises claimed; and
(d) claims in which the relief sought is based on the same cause of action:
Rule 7- Claims by or against executor, administrator or respect heir- No claim by or against an executor or administrator, as such, shall be joined with claims by or against him personally, unless the last-mentioned claims are alleged to arise with reference to the estate in of which the plaintiff or defendant sues or is sued as executor or administrator, or are such as he was entitled to, or liable for, jointly with the deceased person whom he represents.
Rule 8- Power of court to order separate trials- Where it appears to the court that any causes of action joined in one suit cannot be conveniently tried or disposed of together, the court may either on the application of any party or of its own motion order separate trials or may make such order as may be expedient.
Rule 9- Declaratory judgment- No suit shall be open to objection on the ground that a merely declaratory judgment or order is sought thereby, and the court may make a binding declaration of right whether any consequential relief is or could be claimed or not.