Filing of Proceedings in Proper Courts - 2007
Made on: Wed, January 10th 2007
Gazette Notice No. 300 of 2007
THE CONSTITUTION OF KENYA
THE CIVIL PROCEDURE ACT
PRACTICE DIRECTIONS TO THE FILING OF SUITS, APPLICATIONS AND REFERENCES IN PROPER COURTS.
IN EXERCISE of the powers conferred by section 65 (3) of the Constitution and in pursuance of sections 11 to 18 of the Civil Procedure Act, Chapter 21 of the Laws of Kenya which make provisions for the place of suing according to (a) the pecuniary jurisdiction of the court; (b) the place where the subject matter or property is situate; (c) the place where the cause of action arose; and (d) where the defendants or any of them resides or works for gain, the Chief Justice makes the following practice directions:
1. The place of suing is to be determined in accordance with the provisions of sections 11 to 18 of the Civil Procedure Act and not according to the preference or convenience of the plaintiff. The Courts and the filing registries must strictly observe the provisions as to the place of suing by allowing only those that comply with the law and rejecting those that do not.
2. Where suits have already been filed in the wrong Court, the Court should exercise its authority under Order VII rule 9 of the Civil Procedure Rules to return the plaint to be presented to the court in which the suit should have been instituted, without prejudice to any other powers that it may possess under the law to strike out the pleadings as an abuse of the process of the Court.
3. The filing of appeals, bail applications and references from the subordinate courts should be made at the High Court with corresponding Supervisory Jurisdiction according to the established judicial administrative districts as set out in the Schedule.
4. All Judicial Review proceedings under Order LIII of the Civil Procedure Rules and Constitutional applications and references must be filed at the Central Office Registry of the High Court in Nairobi except where leave of the Chief Justice is obtained for filing in any District Registry.
All High Court stations are hereby directed to observe the provisions of Order XLVI of the Civil Procedure Rules with regard to the filing and hearing of suits in the High Court Central Registry and in the District Registries and to ensure their compliance and enforcement.