ADVOKS GLOBAL · KENYA
Civil Procedure Rules
10. Moneys recovered by infants or persons of unsound mind [Order 27, rule 10]
Edition: 2022-12-31 · In force
10. Moneys recovered by infants or persons of unsound mind [Order 27, rule 10]
(1)In any cause or matter in the High Court in which money or damages is claimed by or on behalf of an infant or a person of unsound mind but not found upon inquiry to be incapable of managing his own affairs, suing either alone or in conjunction with other parties, no settlement, compromise or acceptance of money paid into court, whether before or at or after the hearing, shall, as regards the claims of any such infant or person of unsound mind, be valid without the sanction of the court, and no money or damages recovered or awarded in any such cause or matter in respect of the claims of any such infant or person of unsound mind, whether by judgment or by settlement, compromise, payment into court or otherwise, before, or at after the hearing, shall be paid to the next friend of the plaintiff or to the plaintiff’s advocate, unless the court shall so direct.(2)all money or damages recovered or awarded under subrule (1), unless the court shall otherwise direct, be paid to the Public Trustee, and shall, subject to any general or special directions of the court, be held and applied by him in such manner as he may think fit for the maintenance and education or otherwise for the benefit of such infant or person of unsound mind:Provided always that the Public Trustee may pay out of the decretal amount such costs as the plaintiff infant or person of unsound mind may have incurred in the institution and conduct of the cause or matter in which the decree shall have been issued.