ADVOKS GLOBAL · KENYA
The Civil Procedure (Court-Annexed Mediation) Rules
35. Directions on partial settlements
Edition: 2022-12-31 · In force
35. Directions on partial settlements
(1)Where the parties reach a settlement on only some of the issues to the dispute, the mediator shall prepare and file a partial settlement agreement in a similar manner as provided under rule 32.(2)A partial settlement agreement shall, with necessary modifications, be in Form 14 as set out in the Schedule and concisely state the issues that the parties were able to agree upon and the issues that remain unresolved.(3)The partial settlement agreement shall, where the parties so request, indicate any specific directions or assistance that the parties would like the court to grant for the expeditious resolution of the remaining issues.(4)Where the amount of costs payable in the main suit and the party liable to pay were canvassed at the mediation and not agreed upon, the settlement agreement shall be treated as a partial settlement for purposes of this rule.(5)A partial settlement agreement shall be adopted in the same way as a full settlement agreement but the court shall, at the time of adoption, give appropriate directions regarding the execution of the partial settlement and the expeditious disposal of the issues that remained unresolved.(6)In giving its directions under subrule (5), the court may take into account any specific request by the parties as envisaged under sub- rule (2).(7)Where the court directs that the unresolved issues be determined at trial, the court file shall immediately be placed before the court for hearing and determination on priority basis within ninety days from the date the directions are made:Provided that where the matter is not disposed of within the said period, the court shall, for reasons to be recorded, extend the time for a further period not exceeding thirty days.