Civil Procedure Law: Originating Summons in Kenya

Definition of originating summons
A document which formally begins a legal case where people agree on the facts, but need a judge to decide on the meaning of a law, contract, or other document.

Originating Summons (OS) is one of the two modes in commencing a civil action.  An action is commenced by an OS when
(1) it is required by a statute or
(2) a dispute, which is concerned with matters of law, is unlikely to be any substantial dispute of fact. 

An Originating Summons may be inInter partesorEx-parteof the Rules of Court.OS is heard based on affidavits filed in support.  OS cases are heard by registrarsor judges in chambers or in open Court.  Ajudicial decision is made by hearing the lawyers and assessing the affidavits filed either in support of or in opposition to the OS. 

Witnesses may be called to give testimony and pre-trial conferences may or may not be conducted.An application can be made to convert an OS into a Writ at any stage of proceedings.  Alternatively, the Registrar or Judge can decide to convert an OS intoa Writ without any application from the parties.  Once the decision to convert has been made, the steps relating to a Writ applies.  The Registry will assign a new Suit Number to the proceedings and a pre-trial conference will be called for the service of the Statement of Claim.