ADVOKS GLOBAL · KENYA
Civil Procedure Rules
3. Case Management Conference [Order 11, Rule 3]
Edition: 2022-12-31 · In force
3. Case Management Conference [Order 11, Rule 3]
(1)The purpose of a case management conference shall be to—(a)promote the expeditious disposal of cases;(b)afford the parties an opportunity to use alternative dispute resolution mechanisms to determine the case;(c)afford the parties an opportunity to settle the case;(d)determine any other matter relating to the management, hearing or disposal of the case;(e)deal with pre-trial applications at first instance or formulate a timetable to deal with them as the court may deem fit; and(f)identify the issues for determination.(2)The judge or deputy registrar or magistrate or case management officer shall, at the case management conference, complete the case management checklist in the form set out in Appendix B.(3)Parties to a suit shall sign the completed case management checklist which shall be certified by the judge or deputy registrar or magistrate or case management officer who shall also set out the issues for determination at the hearing.(4)At a case management conference —(a)only the advocate or firm of advocates on record or a designated advocate, with instructions to deal with any matter that may be raised during the conference, shall be permitted to participate and by any order or direction given by the court shall be binding to the parties; or(b)where a party is not represented by an advocate or firm of advocates, only the named party or recognized agent of the party to the suit shall be permitted to participate.(5)Where orders or directions are given at a case management conference —(a)The judge or deputy registrar or magistrate or case management officer shall record the orders or directions and inform the parties thereof; and(b)where necessary, the judge or deputy registrar or magistrate or case management officer shall allocate time within which the orders or directions shall be complied with by the parties and fix a date at which the judge or deputy registrar or magistrate or case management officer shall record compliance by the parties or make such other orders as may be just or necessary including the striking out of the suit.(6)Where any pleadings have been amended, the case management checklist shall also contain —(a)the list of the original and amended pleadings with the date on which the original and amended pleadings were filed; and(b)the details of all bundles of documents, lists of witnesses and statements of witnesses where they have been filed with the court.(7)Within fourteen days of filing the case management checklist, the plaintiff shall serve the checklist on the other party or all the other parties to the suit and invite the other party or parties, in writing, to meet at the registry with a view to fixing a date on which to hold a case management conference which shall—(a)take place within sixty days of the date of service of the checklist in the case of a fast-track case; or(b)take place within ninety days of the date of the service of the checklist in the case of a multi-track case.(8)The parties shall, not less than seven days before the date of the case management conference, serve on the other party or parties —(a)a case management request in the form set out in Appendix B setting out any orders the parties may seek at the case management conference and to which all necessary documents including draft amended pleadings, request for particulars and request for interrogatories shall be attached; or(b)a request to refer the case to alternative dispute resolution or any other amicable settlement process.