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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE HIGH COURT AT KAKAMEGA
CIVIL APPEAL NO [reference]
[APPELLANT] v [RESPONDENT]
WRITTEN SUBMISSIONS
1. Section 38 confines this appeal to law. The Appellant challenges the legal adequacy of service and opportunity to respond, using the certified procedural record at [pages], rather than inviting fresh assessment of accident liability.
2. Joinder alone does not establish service of the original claim or every document necessary to answer the indemnity demand. The actual return of service and hearing record must satisfy the statutory safeguards.
3. Counsel appearance and withdrawal must be assessed against the actual instructions. An insurer advocate acting for the financier cannot automatically be treated as authorised to waive the joined party opportunity to defend.
4. Sections 17, 25 and 27 require natural justice, lawful service and appropriate opportunity before default consequences. Section 30 facilitates documentary determination but does not dispense with those protections.
5. The Appellant discloses the earlier unsuccessful applications and confines relief to the legal defect identified. Inconsistent dates and amounts in the report are resolved from the certified file, not used as new factual proof.
6. The Court is asked to set aside the affected default decree and remit for a lawful merits process. The source Court took that course with own costs; it did not exonerate the third party or reassess the passenger damages.
DATED at [place] on [date]. Signed [party or advocate]. DRAWN AND FILED BY [name and address for service]. TO BE SERVED UPON [each affected person and address].
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction from a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Verify the facts, law, jurisdiction and court directions before use.
Use and evidence notes
Identify pleaded issues, admitted evidence and genuine record pages. Follow directions on length, authorities, filing and service. Submissions do not introduce exhibits or cure missing substantive prayers. Distinguish what a party sought from what the Court ordered, and an unsuccessful historical position from the actual holding.
Supporting material: [date]; [author or custodian]; [description]; [bundle page]; [authenticating witness]; [admission or permission]. Attach genuine records only. This public specimen contains no exhibits, signatures, personal identifiers or sworn declaration.
Source facts and limits of the decision
In a passenger-injury Small Claims case, a financier brought in the alleged beneficial vehicle owner as third party. Counsel appeared and then withdrew. Judgment followed without adequate opportunity for the third party to obtain representation and respond. The record contained no affidavit proving the original claim was served on that party. Setting-aside and review attempts had failed below.
On the law-only appeal the High Court set aside the entire default decree and remitted the dispute for merits determination, with each party bearing own appeal costs. The Court did not determine accident liability or award a new damages figure.
Small Claims sections 17, 25 and 27 protect natural justice, service and a proper opportunity to respond; section 30 documentary determination does not remove those safeguards. Section 38 appeals are confined to law. The report contains inconsistent judgment years, affidavit dates and monetary figures; use the certified file.
Read the original reported decision: [2026] KEHC 4854 (KLR) — 15 April 2026
The original decision may identify participants. The specimen replaces their identifying details. Primary judicial heading, relevant pleaded positions, evidence, reasons and orders checked. Trial and appeal courts are distinguished. Newly drafted educational reconstructions, not original filings or matters handled by our team. No genuine exhibits, signatures, later-order assurance or licensed-advocate review supplied. Check the actual file and current law and directions.
Related law and procedural rules
Constitution of Kenya · Civil Procedure Act · Civil Procedure Rules · Evidence Act · Small Claims Court Act
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