Civil Procedure Law: Motion of Summary Judgement in Kenya

Definition.  A request for a decision by a court of the matters submitted to it, basedupon legal arguments only, where no material facts are in dispute.

A motion for summary judgment can be granted to resolve disputes involving legalinterpretation, but not disputes regarding material facts.  Summary judgment, generally, is a pre-trial remedy sought where, based upon facts not in dispute, and an application of the law to those facts, a party is entitled to a judgment on a claim.  The judge cannot decide disputed facts in a summary judgment proceeding.  If any facts material to a claim are disputed, then summary judgment cannot be granted on that claim.Summary judgment proceedings are governed by Rules of CivilProcedure.