ADVOKS GLOBAL · KENYA
The Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules
3. Scope and objectives
Edition: 2022-12-31 · In force
3. Scope and objectives
(1)These Rules shall apply to all proceedings made under Article 22 of the Constitution.(2)The overriding objective of these rules is to facilitate access to justice for all persons as required under Article 48 of the Constitution.(3)These Rules shall be interpreted in accordance with Article 259(1) of the Constitution and shall be applied with a view to advancing and realising the—(a)rights and fundamental freedoms enshrined in the Bill of Rights; and(b)values and principles in the Constitution.(4)The Court in exercise of its jurisdiction under these rules shall facilitate the just, expeditious, proportionate and affordable resolution of all cases.(5)For the purpose of furthering the overriding objective, the Court shall handle all matters presented before it to achieve the—(a)just determination of the proceedings;(b)efficient use of the available and administrative resources;(c)timely disposal of proceedings at a cost affordable by the respective parties; and(d)use of appropriate technology.(6)A party to proceedings commenced under these Rules, or an advocate for such party is under a duty to assist the Court to further the overriding objective of these rules and in that regard to—(a)participate in the processes of the Court; and(b)comply with the directions and orders of the Court.(7)The Court shall pursue access to justice for all persons including the—(e)persons with disabilities(8)Nothing in these rules shall limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.