Originating Summons in Kenya: Order 37, Evidence and Procedure
An originating summons is a specialised way of asking a Kenyan court to determine defined questions without beginning with an ordinary plaint. It is…
Read article →Article category
Legal Guides
Suing a Partnership or Firm in Kenya: Order 30, Service and Execution
A business name on an invoice or contract may describe a partnership rather than a company. That distinction matters when a dispute reaches court.…
Read article →Representative Suits in Kenya: Order 1 Rule 8, Notice and Group Rights
A representative suit allows one or more people to sue or defend on behalf of a larger group whose members share the same interest…
Read article →Enforcing a Judgment Against Government in Kenya: Section 21 and Mandamus
Winning a money judgment against Kenya’s national government or a county government does not usually permit immediate attachment of public assets. The decree-holder must…
Read article →Correcting Clerical Errors in Kenyan Judgments: Section 99 Slip Rule
A Kenyan court can correct a clerical mistake, arithmetical error or accidental slip in its judgment, decree or order without reopening the merits of…
Read article →Party-and-Party Costs in Kenya: Taxation, Objections and Recovery
A costs order does not normally mean that the successful party will recover every shilling spent on the case. In Kenyan civil litigation, the…
Read article →Appeals from Orders in Kenya: Order 43 Leave and Deadlines
Not every unfavourable ruling made during a Kenyan civil case can be appealed immediately. Some orders carry an automatic right of appeal; others require…
Read article →Court-Appointed Receivers in Kenya: Order 41 Property Preservation
A court-appointed receiver takes neutral custody or management of disputed property under a court order. In Kenya, this is an exceptional preservation remedy under…
Read article →Commission to Examine a Witness in Kenya: Order 28 Procedure
A witness who cannot conveniently attend a Kenyan civil court does not have to be ignored or replaced with an informal statement. Kenyan procedure…
Read article →Substitution After Death in a Kenyan Civil Suit: Abatement and Revival
When a party to a Kenyan civil suit dies, the case does not always end. The first question is whether the cause of action…
Read article →