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Educational sample. Replace bracketed fields using your evidence.
REPUBLIC OF KENYA
IN THE SUPREME COURT OF KENYA AT NAIROBI
CASE OR APPLICATION NO [appropriate reference]
[APPLICANT OR CLAIMANT] v [RESPONDENT OR DEFENDANT]
AFFIDAVIT OF SERVICE
1. I, [process server or authorised serving person], of [address], make oath and state that I effected the service described below. My role and authority to effect this mode of service are [details]. This public specimen contains no personal service address.
2. The documents served were [identify extension motion, supporting affidavit, annexures and submissions separately], bearing [actual dates and references]. I checked that the copy delivered corresponded to the documents filed or directed to be served.
3. I served [person and capacity] at [place or authorised electronic address] on [date] at [time], by [permitted mode]. I identify how the recipient was known or identified to me and why service on that person was proper.
4. For physical delivery, the circumstances of delivery and acknowledgement were [actual account]. A signature, refusal or other response is described only if it occurred; none is presumed merely because service was attempted.
5. For permitted electronic service, the applicable direction or practice provision is [reference]. The transmission and delivery material actually obtained is [description]. Sending a message, a delivery acknowledgement and proof of receipt are distinguished.
6. Any later service of written submissions was effected on [date, time, person, mode and place]. Its evidence is identified separately. A single earlier service entry is not used to imply that later documents were also delivered.
7. The supporting delivery or acknowledgement records are annexed as [labels], with necessary confidential details retained in the actual court copy and removed from the public example. I do not depose that the Respondent filed no response unless that is verified from the relevant court record.
8. The foregoing is my account of service from personal knowledge and identified records. I make this affidavit to establish the actual service events; the Court determines the consequence of any absence of opposition.
SWORN by [deponent] at [place] on [date]. Signature [ ]. BEFORE ME [Commissioner for Oaths]. This sample has not been sworn.
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An advocate confirms availability, scope and fees before accepting your matter.Educational reconstruction based on a reported decision. Newly drafted sample, not an original filing or a matter handled by our team. Identifying details are replaced with bracketed fields. Check your facts, current rules, court directions and jurisdiction before use.
Use and evidence notes
Rule 16 requires details of the person served, place, date, time and mode. The source case recorded service affidavits and nevertheless dismissed the unopposed motion. This reconstruction does not assert that its invented blank service events occurred, nor reproduce the original process server’s affidavit.
Source facts and limits of the decision
Two parties in a succession dispute sought more time to appeal a Kisumu Court of Appeal judgment of 6 November 2015. They blamed former counsel. A March 2016 proceedings-request letter showed knowledge of the judgment; the motion was not filed until January 2017.
The motion was dismissed without costs although unopposed. The receipt relied on concerned the earlier Court of Appeal case, and the later period of delay was not adequately explained. Alleging counsel’s mistake was insufficient without a supported chronology.
Current Supreme Court Rules 2020 rule 15(2) governs extension of rule-based time. The 2018 ruling applied the historical rule 53. Extension does not itself establish jurisdiction under Constitution Article 163(4) or extend a constitutional deadline.
Read the original reported decision: Supreme Court Civil Application 1 of 2017 — 8 November 2018
The original judgment may identify participants. These samples remove their names; allegations and unsuccessful arguments are identified as such. Relevant facts, reasons and disposition checked in the official Supreme Court judgment PDF through retrieved text. The specimen is a fresh educational reconstruction; it is not a reproduction of an actual pleading.
Related law and procedural rules
Constitution of Kenya · Supreme Court Act · Supreme Court Rules 2020 — official compilation
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