The overriding objective of these Rules shall be to facilitate the just, expeditious, proportionate, affordable and amicable resolution of disputes in respect of Muslim law relating to personal status, marriage, divorce or inheritance.

A party to proceedings or an advocate for a party is under a duty to assist the Court to further the overriding objectives of these Rules and to that effect to participate in the processes in the Court and to comply with the directions and orders of the Court.

Non-compliance with the provisions of these Rules shall not render any proceedings void unless the Court shall so order.

The Court may, of its own motion or on the application of any party, make such order for sanction for non-compliance that the Court may consider just in the circumstances.

An application to set aside sanctions for non-compliance of these Rules shall be made at the earliest opportunity.

Subsequent applications may be granted at the Court's discretion and may result in an adverse order for costs.

Save as provided in these Rules, every petition shall be made by notice and supported by a declaration sworn in accordance with these Rules.

If a party is unable to read or write, or unable to afford a lawyer or legal representative, the Court shall provide a scribe to record the party's evidence which shall thereafter be commissioned in accordance with the Oaths and Statutory Declarations Act (Cap. 15).

Every application shall state in full the nature of the order applied for and, in sufficient detail, the facts relied upon by the applicant and, unless the Court otherwise orders, shall be served on all parties.

Where a respondent claims against any person not already a party to the proceedings or suit (in this rule called "the third party") that any question or issue relating to or connected with the said subject matter is substantially the same as any question or issue arising between the claimant and the respondent, and should properly be determined not only as between the claimant and the respondent but between the claimant and the respondent and the third party, the respondent may apply to the Court by way of a Notice of Motion supported by affidavit in Form KC 3 set out in the Schedule within fourteen days after the close of pleadings for permission to serve a "third party notice".

The claimant shall file a copy of the third-party notice and state the nature and grounds of the claim and shall, unless otherwise ordered by the Court, be filed within fourteen days of service in Form KC 4 set out in the Schedule.

If the third party desires to dispute the claimant's claim in the suit as against the respondent on whose behalf the notice has been given, or the third party's liability to the respondent, the third party must enter an appearance in the suit on or before the day specified in the notice, and in default of his or her so doing, shall be deemed to admit the validity of the decree obtained against the respondent, and the third party's liability to contribute or indemnify, as the case may be, to the extent claimed in the third-party notice:

Provided that a person so served and failing to enter an appearance within the period fixed in the notice may apply to the Court for leave to enter an appearance and, for good cause, such leave may be given upon such terms, if any, as the Court shall deem fit.

On the hearing of the third party's application under paragraph (3), the Court may grant or refuse permission and, if permission is granted, shall give directions as to the time for service of the third-party notice and date of trial and, if the action is a summary action, judgment shall not be entered pending the trial.

The notice shall state the nature and grounds of the claim, or the nature of the question or issue sought to be determined, and the nature and extent of any relief or remedy claimed.

The notice shall be served on the third party personally, and shall be accompanied by a copy of the summons in the suit and of the annexed particulars.

The third party shall, as from the time of the service upon him or her of the third party notice, be a party to the action with the same rights in respect of his or her response to any claim made against him or her and service of proceedings as if he had been sued in the ordinary way by the respondent.

The third party shall appear before the Court on the day fixed for the trial of the action.

If the third party does not appear at the trial, he or she shall be deemed to admit the claim and be bound by any judgment given in the action whether by consent or otherwise and by any decision on any question specified in the notice:

If contribution or indemnity or some other relief or remedy is claimed against the third party in the notice, he or she shall be deemed to admit his or her liability in respect of such contribution or indemnity or other relief or remedy:

Provided that execution against the third party shall not be issued without the permission of the Court until the respondent has satisfied the judgment in the same action given against him or her.

The Court may decide all questions of costs between a third party and the other parties to the suit, and may make such orders as to costs as may be just in the circumstances.

One or more persons may be joined to an existing petition or motion as petitioner or respondent without the leave of the Court before the close of pleadings, but in any other case, the leave of the Court shall be obtained.

The Court may, on its own motion, enjoin further parties in the interests of justice.

Any person under disability may sue or be sued through his or her guardian for the purposes of the litigation duly appointed by the Court.

A minor petitioner shall, on attaining the age of majority, either adopt or withdraw from the proceedings.

Leave to withdraw shall be required except where such withdrawal does not affect the rights of the other parties to the suit.

If the minor petitioner withdraws his or her claim, he or she shall not be personally liable for costs unless the Court otherwise orders.

If, on attaining the age of majority, the minor petitioner adopts the proceedings, the former minor petitioner shall apply to the Court to release his or her guardian for the purposes of the litigation.

Every suit shall be instituted by presenting a petition in Form KC 1 set out in the Schedule to the Court and a summons to enter appearance in Form KC 2.

An application shall be brought by filing by a Notice of Motion in Form KC 3 set out in the Schedule.

Each summons shall be valid in the first instance for twelve months beginning with the date of its issue.

An application may be made to the Court to extend the validity of the summons before the expiry date.

The Court may extend the validity of the summons from time to time for such period, not exceeding one year, at any one time.

A summons shall not be valid after two years from the date of its initial issue.

Before the Court issues a witness summons, a request in Form KC 5 for the issue of the witness summons shall be filed in court containing the name and address of the party requesting for the issue of the witness summons if he or she is acting in person, or the name of the firm and the business address of the party's Advocate.

Issue of a witness summons shall take effect upon it being sealed by an officer of the Court.

A witness summons shall be in forms in Form KC 6, KC 7 or KC 8, as the case may require.

Every witness summons, other than a witness summons to produce documents or things, may include the names of two or more persons.

A witness summons to produce documents or things shall contain the name of one person only.

An officer of the Court shall not be required by witness summons to produce the record of the Courts.

If the original of any record of a court or any document filed in such court becomes necessary in proceedings in a different court, a request for the production thereof may, on the application of the party requiring it, be addressed to the Registrar of that court.

Marks shall be placed upon any record or document produced under this rule but certified copies may be taken and marked as necessary.

A suit shall be filed by presenting a petition.

A response shall be filed within fifteen days of filing a memorandum of entering appearance.

A reply, if any, shall be filed within fifteen days of filing the response.

Where more than one cause of action is relied on, the grounds for each and the relief claimed therein shall be stated separately.

Where a respondent appears in court and disputes the petitioner's claim, the Court may order the respondent to serve a response within such time as it shall direct.

A response shall be in Form KC 9.

Every counterclaim shall be filed and served at the same time as the response.

The rules applicable to the petition shall apply to the counter claim.

The Court may, at any stage of the proceedings, allow the parties to amend their pleadings as may be just and in the interest of a fair hearing.

An application for amendment may also be made orally.

A party may, without the leave of the Court, amend any of his or her pleadings once at any time before the pleadings are closed.

Where no response or objection is filed within the prescribed period, the Court may, on the application of the petitioner or on its own motion, direct that the matter proceed to formal proof and issue the appropriate notice.

In any suit in which no application has been made in accordance with rule 14 or no action has been taken by either party within one year from the date of its filing, the Court may give notice in writing to the parties to show cause why the suit should not be dismissed and if no reasonable cause is shown to its satisfaction, may dismiss the suit.

If reasonable cause is shown to the satisfaction of the Court, it may make such orders as it deems just to obtain the expeditious hearing and determination of the suit.

Any party to the suit may apply for dismissal as provided in paragraph (1).

Where the Presiding Kadhi of any court is satisfied that any proceedings in that court can be more conveniently or fairly tried in some other court, the Presiding Kadhi may order the proceedings to be transferred to the other court.

Any transfer of any proceedings under paragraph (1) may be made by the Presiding Kadhi of the Kadhi's own motion or on the application of any party made on notice.

The petitioner or applicant may, with leave of the Court, at any time before judgment, withdraw any proceedings wholly or in part by giving notice in Form KC 10 to the Court and serving a copy of the notice to the respondent.

Where the petitioner withdraws any proceedings under paragraph (1), the respondent may apply for costs of the proceedings.

Costs shall be in the discretion of the Court.

Every person filing an application or petition shall serve on each respondent personally save as may be directed by the Court on the written application of the applicant or petitioner.

Where a petitioner, applicant or other person is represented by an Advocate, the address of the Advocate shall be the address for service.

Each petition or application shall be served personally by delivering and tendering a copy thereof to the respondent unless the Court otherwise directs.

For the purpose of paragraph (1), a copy bearing the seal of the Court and the signature of the Kadhi shall be deemed to be an original summons.

Service of a summons or other document shall be effected by a process server, a duly authorized person or any other person as may be directed by the Court depending in the circumstances.

Where a process server, a duly authorized person or any person directed by the Court serves a petition, application or summons upon the other party, he or she shall require signature of the person served and file an affidavit of service on the same.

Where the respondent refuses to accept the petition, application or summons, it may be left near him or her and his or her attention shall be directed to it.

A petition, application or summons delivered at last known address for service of any person shall be deemed to be served on that person provided the Court has made an order for substituted service.

Where the Court is satisfied that for any sufficient reason the summons or other document cannot be served in the ordinary way, the Court may order the summons or other document to be served by substituted service.

An application for substituted service may be made either orally or in writing.

Substituted service may include the affixing of a copy of the summons or other document on the Court's notice board and on some conspicuous part of the building in which the party to be served is known to have last resided, or in any other manner as the Court deems just.

Substituted service shall be treated as personal service.

The Court may where necessary order service of a petition, application or summons outside Kenya.

Service on a person under disability shall be made on his or her guardian for the purposes of the litigation.

The Court may, on application, order the service on a person under disability to be made on any other person.

Any party may appear in person or through his or her advocate.

Appearance of a person under disability shall be through his guardian for the purposes of the litigation or otherwise authorized by the Court.

Parties may appear in person or through their advocates before the Kadhi within thirty days from the date of issuance of the summons.

Where the respondent intends to oppose the claim and/or a counter claim, the respondent will be given fifteen days to file his or her response and/or a counter claim and serve the same on the petitioner.

Where the respondent admits the claim, judgment shall be entered in favour of the petitioner to the extent of the respondent's admission.

Where part of the claim is not admitted, the matter shall proceed to a hearing.

The Court shall, before making any judgment on the petitioner's claim under paragraph (1)(b) or the respondent's counterclaim under paragraph (1)(c), order the petitioner or the respondent, as the case may be, to give evidence on oath.

Where there is more than one petitioner or respondent and only one of them is present, the Court may hear the action against the one present and determine the action against the parties absent in accordance with paragraph (1) or (2).

The Court may in its discretion in any of the cases specified in paragraphs (1) and (3) order an adjournment.

Where the applicant fails to attend on the hearing of his or her application, the Court may dismiss the application.

Where any party to a suit fails to attend the hearing of an application on a date scheduled for hearing, the Court may proceed, notwithstanding the party's absence.

Before proceeding in the absence of any party, the Court shall first be satisfied that the party was duly served.

Where the application has been dismissed for want of prosecution, the Court may, on application restore the action.

The Court may, on the application of any party to any cause or matter, set aside an order made ex parte under this order.

The petitioner shall begin by opening his case.

Each party may, before calling any evidence, open his or her case.

The Kadhi before whom a suit is heard may give directions as to the party to begin and the order of speeches at the trial, and subject to any such directions, the party who begins shall have the first right to sum up his or her case.

The petitioner shall have the first opportunity to call all evidence for his or her case then be followed by that of the respondent.

When the respondent has closed his or her case, the Kadhi shall ask the petitioner to submit in answer to the respondent's submission and to close his or her case.

The submission by the parties may be oral or written or both.

The petitioner shall be required to produce evidence to prove his or her claim.

Where the petitioner fails to give evidence in respect of his or her claim, the respondent shall take an oath of denial or rebuttal (Yamin al-inkar), and if he or she does so, the claim shall be dismissed.

Where the respondent declines or refuses to swear, the oath shall be returned to the petitioner who shall be required to swear the returned oath (Yamin al-maruda) to support of his or her claim.

Where the petitioner swears the returned oath (Yamin al-maruda) under paragraph (9), his or her claim shall be admitted and if he or she declines, the claim shall be dismissed.

Where a Kadhi has commenced the trial of any proceedings and is unable for any reason to conclude the trial, another Kadhi may with the consent of all parties continue the trial and give judgment.

Where the consent referred to in paragraph (1) is not obtained, the matter will be re-heard.

An action or decision by a Kadhi in any of the foregoing circumstances contemplated in paragraph (1) shall be a ground for a reconsideration by the Kadhi's peers or an appeal.

Every trial Kadhi shall deliver a written judgment.

Every judgment of the Court shall be dated and signed by the Presiding Kadhi and sealed by the Court.

Every judgment shall be pronounced in open court unless otherwise necessary.

When a Kadhi who has tried any proceedings is for any reason unable to pronounce judgment, the judgment written by the Kadhi may be read in open court by any other Kadhi of equal rank.

All judgments pronounced under this rule shall form part of the record of the case.

Upon delivery of the judgment, a decree shall be drawn up and signed by the Court.

An application for review of a decree or order of the Court under paragraphs (b), (c) or (d), shall be made to the Kadhi who passed the decree or made the order sought to be reviewed or to any other Kadhi if that Kadhi is not attached to the Court station.

A party seeking the review of a judgment, ruling or order of the Court shall apply to the Court by way of an application and shall attach a copy of the judgment, ruling or order to be reviewed.

The Court shall, upon hearing an application for review, deliver a ruling allowing or dismissing the application.

Every judgment or order requiring any person to do any act, other than the payment of money, shall state the time within which the act is to be done and such time shall be reasonable in the circumstances.

Where the person required to do the act was personally present or represented by his or her Advocate when the judgment or order was given or made, it shall not be necessary to serve him with a copy of the judgment or order but if he or she is absent he or she be served with copies thereof.

An order for possession of immovable property shall not be given unless it is shown that every person in actual possession of the whole or parts of the immovable property has received such a notice of the proceedings as appear to the Court to be sufficient to enable that person to apply to the Court for any relief to which he or she may be entitled.

An order for possession may include provisions for enforcing the payment of any money adjudged or ordered to be paid by the judgment or order which is to be enforced.

A request for an order of delivery of movable property shall be made in Form KC 12.

An appeal against the decision of the Kadhi's court shall be made to the High Court, and against the decision of the High Court to the Court of Appeal.

An appeal shall be made by giving a notice of appeal.

An appellant may appeal against the whole or any part of a decision.

The notice of appeal shall be filed within thirty days from the day on which the decision was pronounced, and shall state whether the whole or part only, and what part, of the decision is appealed against.

An application for execution of any order shall be made to the Court and be supported by an affidavit setting out a statement of non-payment or non-compliance and exhibiting an affidavit of service of the order.

The Court may make such order as the circumstances may deem just.

An application for leave to execute may be made ex parte, but the Court may order service of the application on any party or person concerned.

The Court shall, if it is satisfied that the order for execution should be issued, grant leave in accordance with the application.

The Court may, on the application of any judgment creditor, issue a further order of execution in respect of different property or different methods of execution from those set out in the current order for execution.

In this rule, "property" includes a debt due by a third party to the judgment-debtor.

Where a judgement or order of the Court for recovery of payment of money has been made and remains unsatisfied or is partially satisfied, the Court may upon the application of the judgement-creditor order that debts owing to the judgement-debtor from any third party shall be attached to satisfy the judgment or order together with the costs of the transfer of debt proceedings.

On the application of the judgement-debtor for an order, the Court may require the judgment-debtor to make a declaration that the judgement or order remains unsatisfied and the amount that the third party is indebted to the judgement-debtor.

When the Court is satisfied that the third party is indebted to the judgement-debtor, the Court may order the debts so owing to the judgement-debtor to be attached to satisfy the judgment or order together with costs of the transfer of debt proceedings and may order by the same or subsequent order that the third party shall appear before the Court on a day and at a time stated in the order to show cause why he or she should not pay to the judgment-creditor the debt due from him or her to the judgment-debtor or so much thereof as may be sufficient to satisfy the judgment or order together with costs of the transfer of debt proceedings.

A third party shall be served with a transfer of debt summons in Form KC 14 together with the order at least fifteen days before the hearing stating that a debt due or accruing to the judgment-debtor shall be attached and shall bind such debt in the hands of the third party to the extent or value therein mentioned, and any alienation or disposal of the property contrary to the terms of the notice, except with the leave of the Court, shall be null and void and such action shall also be a contempt of court:

Provided that no such summons shall be issued to a public servant in respect of money or property in his or her possession in his or her capacity as such, except with the leave of the Court.

Where a third party fails to appear as summoned, summons, the Court may upon proof of service order execution to issue to levy the amount due from the third party or so much thereof as may be sufficient to satisfy the judgment or order together with costs of the transfer of debt proceedings.

A third party may before the day and the time prescribed by any order made under subsection (4) pay into without disputing his or her liability or with admission of his or her liability an amount equal to that of judgment-debtor with costs of the transfer of debt proceedings.

Where a third party appears and disputes his or her liability, the Court shall proceed to hear and determine the issue in such a manner, as it deems fair and just.

After an attachment of immovable property of a third party shall have been made in accordance with these Rules, any alienation without leave of the Court of the property attached, whether by sale, gift or otherwise, and any payment of any debt to the judgment-debtor during the continuance of the attachment shall be null and void.

The Court may, in its discretion, refuse to make or issue an order where the amount to be recovered or the debt to be attached is so small that the remedy sought would be worthless or vexatious.

The Court may, of its own motion or on the application of any interested party, give to the applicant such directions as to the performance of his duties as may be considered just.

The Court may summon and examine any person who can give information regarding any execution.

Where a judgment of the Court is for payment of money, the judgment creditor who is entitled to enforce the judgment may apply to the Court for an order requiring the judgment-debtor to appear in court to be examined.

An application requesting a judgment-debtor to appear shall be made by filing a request in Form KC 15, signed by the applicant or his or her Advocate.

Where a judgment has been given against two or more persons, the judgment creditor may require the judgment-debtor summons to be issued against either of the persons liable under the judgment.

On the day fixed for the hearing of judgment-debtor summons, the Court may examine the judgment-debtor or any necessary witnesses.

Where an order for committal is made under rule 108, the judgment-debtor may, at any time pay the amount due into court.

Upon confirmation of such payment the Court will order his or her release.

A respondent may pay money into court in satisfaction of the claim or any part thereof and may also pay into court a sum of money in respect of costs.

The respondent shall give notice to the petitioner of the payment into court and, where the payment is less than the amount claimed, the notice shall state in respect of what the payment is made.

Security shall be given by deposit of money or by bond, the amount of which shall be fixed by the Court.

Expenses of security, if any, shall be borne by the person giving the security.

Where security is given by deposit of money, the money shall not be paid out without the order of the Court.

Where security is given by bond, one surety shall be required unless the Court otherwise orders.

Where an application in the course of any proceedings, whether before or after judgment, is expressly or by implication authorized to be made by the Court, such application shall be made in Form KC 18 and may, unless the Court otherwise directs, be heard in chambers before a Kadhi.

Every application shall state the nature of the order applied for in general terms and the grounds of the application.

An application under this rule may be made ex parte unless the Court otherwise directs or as otherwise provided in this rule.

An application shall be deemed to have been made when it has been sealed by an officer of the Registry and filed, and served on all the other parties.

An application shall not be amended after filing without the leave of the Court.

The Court may grant an interim order on such terms as it deems fair and just and may give directions as to further proceedings.

An application for an interim order shall be made in Form KC 19 and supported by an affidavit.

An application for interim orders may be made orally, but any party affected thereby shall be given the opportunity to be heard thereon.

Where on the hearing of the application, made before the trial of a cause or matter, for an interim order it appears to the Court that the matter in dispute can be better dealt with earlier than when considering the whole suit, the Court may upon being satisfied of the merits thereof make an order accordingly and may also make such order as respects the period before trial as the justice of the case requires.

There shall be no appeal against any interim order made under this rule.

If the Court is satisfied, on the application of any party for custody of a child (hadanah) in any cause or matter, that the circumstances require an interim order to be made for the custody of that child, maintenance or related relief of that child, the Court may make such order which shall have effect for a period of fourteen days in the first instance and shall continue to be in force until the Court has made a decision inter partes on the cause.

An application under this rule shall not be made before the action has begun except in a case of urgency which, in the interest of justice or for the protection of the applicant or the child, it appears that the immediate intervention of the Court is necessary.

Where the applicant is the petitioner and the circumstances justify, an application under this rule may be made ex parte and shall be supported by an affidavit.

Where the Court is satisfied, on the application of any party entitled to maintenance in any cause or matter, that the circumstances require an interim order for maintenance to be made against the person liable to pay maintenance, the Court may make such an order which shall have immediate effect and shall continue in force until the Court has made a final decision on the cause or matter or has varied its interim decision.

Where the application referred to in paragraph (1) is in respect of an interim order for the maintenance of a child, the Court shall not make such an order unless it is satisfied that the parents or the person liable for the maintenance of the child has the ability to pay for the maintenance applied for.

On the application of any party to a cause or matter, the Court may make an order for the detention, preservation or custody of any property which is the subject of the cause or matter, or as to which any question may arise therein, or for the inspection of any such property in the possession of a party to the cause or matter.

For the purpose of enabling any order under paragraph (1) to be carried out, the Court may, by the order, authorize any person to enter upon any immovable property in the possession of any party to the cause or matter.

Where the right of any party to a specific fund is in dispute in a cause or matter, the Court may, on the application of a party to the cause or matter, order the fund to be paid into Court or otherwise secured.

Any party may, in any cause or matter, before or after the hearing of the cause or matter, apply to the Court to grant an injunction whether or not the claim for the injunction has been included in the petition, counterclaim or third-party notice, as the case may be.

An application under this rule shall not be made before an action has begun except where it is one of urgency.

An applicant under this rule has a duty of full and frank disclosure.

Notwithstanding paragraphs (1) and (3), in any proceedings against the Government, the Court shall not grant an injunction but may, in substitution, make an order declaring the right of the parties in the cause or matter.

The Court shall not grant an injunction or any order against any officer of the Government if the effect of the injunction or the making of the order is to give relief that may not be obtained by it in proceedings against the Government.

The Court shall have the power to institute proceedings against any person for contempt of court and may, in such proceedings, make an order of committal or may impose a fine in accordance with written laws.

The Court shall be deemed a court of record for the purposes of contempt of court proceedings.

Where contempt is committed in the face of the Court, it shall not be necessary for the Court to serve the notice to show cause:

Provided that the Court shall ensure that the person alleged to be in contempt understands the nature of the offence alleged against him or her and has the opportunity to be heard in his or her own response, and shall make a proper record of the proceedings.

In the case of contempt committed outside court, notice to show cause shall be served personally on the person alleged to have committed such contempt.

The burden of proof of any fact rests with the claimant (al Mudda'i) and the person who denies or disputes a fact (al Mudd 'a 'alaih) takes the oath.

Whoever desires any court to give judgment as to any legal right or liability which is dependent on the existence of facts which he or she asserts must prove those facts.

The Court shall observe provisions of Muslim law relating to evidentiary procedures in the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance required to prove any fact.

The Court may call any evidence which it considers necessary provided that no party shall be obliged to give evidence against his will.

Evidence may ordinarily be given on oath in a form binding upon litigants, but the Court may on special grounds dispense with an oath and take evidence on affirmation.

Evidence shall be given by the petitioner.

If the petitioner has no evidence to support his or her case, he or she may request the Court to administer oath to the respondent.

If the respondent denies the claim made against him or her, he or she shall be required to take an oath according to Muslim law.

If the respondent takes the oath, the claim made by the petitioner may be dismissed.

If the respondent refuses to take such oath, the Court may ask the petitioner to take the oath upon which the Court shall make such decision as may be just and the circumstances require.

If the petitioner takes oath, judgement may be entered for the petitioner, otherwise the claim shall be dismissed.

Where the respondent admits the claim in full or in part, the Court shall enter judgement in favour of the petitioner to the extent of the respondent's admission.

Any evidence either oral or documentary may be relied on to prove a claim.

The testimony of each witness shall be heard individually in the presence of the litigants but not in the presence of the other witnesses whose testimony had not been heard.

The Kadhi may, on the Kadhi's own motion, ask the witness whatever questions the Kadhi determines are necessary to the finding of truth.

A litigant who requests, during proceedings, proof by the testimony of witnesses shall set forth in writing or orally during the hearing the events he or she wishes to prove.

If a witness has a valid reason or incapacity that prevents his or her attendance in court to testify, the Kadhi may, at the Kadhi's discretion, decide whether to visit the witness or the Court shall assign one of its other Kadhis to do so.

Where a party has been unable to file the statements of any witness that he or she wishes to call, the parties shall apply to the Court for leave to file such witness statements.

The Court may grant leave where the interest of justice requires it to do so.

Any document submitted to the Court as evidence shall require the proof of authenticity thereof.

The Court may at any stage of hearing, require the attendance of a deponent or an author of a document for the purposes of examination of the facts deponed or written.

If the party is an incorporated or unincorporated body, an officer of that body may be ordered to comply with the order or direction of the Court in respect of discovery of any documents.

The Court may stay the proceedings pending compliance of the order or direction of the Court under this rule.

Documents or other exhibits tendered in evidence and accepted shall be marked and, unless the Court otherwise orders, such documents or exhibits or copies of the documents or exhibits shall be retained in Court during the pendency of the proceedings and until the time for appeal has expired.

For the purpose of identification, documents or other exhibits tendered in evidence but rejected, shall also be marked.

Birth certificates tendered in evidence and accepted may be replaced with certified copies on the application of any party.

Where the Court is satisfied that the evidence of any party or witness should be taken before the date of the hearing, the Court or any Kadhi directed by the Court may take the evidence from any such party or witness at such place as it thinks fit and the evidence so taken may be used at the hearing.

Notice that evidence will be taken under paragraph (1) shall be served on the other party not less than seven days before the date the evidence is to be so taken and the other party may take part in such proceedings.

The Court may, if it appears likely that any intended witness in any proceedings will not be able to give evidence at the trial or hearing, record the evidence of such witness in writing and such evidence may be used as evidence at the trial or hearing:

Provided that all parties to the proceeding shall have been given due opportunity to attend and cross-examine.

The Court before which the proceedings are still pending may, of its own motion or on the application of any party to the proceedings, request another court to take evidence from any party or witness in such proceedings, if the Court is satisfied that the party or witness cannot attend the Court on a reasonable ground or if the appearance of the party or witness will cause the party calling the witness to incur unreasonable expenses.

The powers of the Court or a Kadhi under paragraph (1) shall be exercised if there is a written request from the Court before which the proceedings are pending.

Subject to paragraph (2), the Court or a Kadhi may, in the case of any pending proceedings before another court, take evidence from any party or witness or other person and accept any documents submitted in the pending proceedings.

Every application shall be supported by an affidavit or a statutory declaration.

Affidavits shall be limited to such facts that are in the deponents' own knowledge and where they are not, the sources or grounds for belief must be clearly stated.

Every affidavit shall state the description, true place of residence and postal address of the deponent, and if the deponent is a minor shall state his age.

Every affidavit shall be drawn in the first person and divided into paragraphs numbered consecutively.

An affidavit shall be in Form KC 20.

Notwithstanding paragraph (1), the Court may, in its discretion, accept an affidavit notwithstanding any non-compliance in the form thereof.

A copy of any document to be used in conjunction with an affidavit shall be annexed to the affidavit as an exhibit.

An exhibit to an affidavit shall be identified and marked as an exhibit referred to in the affidavit.

An affidavit which has been filed cannot be amended except for the purpose of correcting any defect of form or a clerical mistake.

Any amendment made under paragraph (1) shall be made by way of corrective affidavit and shall be filed before the trial.

An additional affidavit may be filed before the trial.

No affidavit may be filed after the final hearing of the suit has begun except with leave of the Court.

There shall be no appeal against the refusal of the Court to grant leave under paragraph (1) except in an appeal against the decision of the case as a whole.

Any party desiring to contest the fact deponed to in an affidavit may serve on the party who filed the affidavit notice of intention to cross-examine the deponent, and thereupon, if the deponent is not produced for cross-examination, the Court may reject and/or disregard the contents of the affidavit.

The Court may of its own motion require the attendance of any deponent for examination on his affidavit and, in the absence of such attendance, may reject or disregard the affidavit.

Examination-in-chief takes place first where a witness is questioned by the party who called him or her, in a.

Cross-examination, where a party is interrogated by one's opponent, takes place after examination in chief.

Re-examination take places after all other parties who wish to do so have cross-examined the witness.

Witness expenses shall be borne by the party calling the witness.

Where on the hearing of any proceedings a person attends court as a witness of fact, or as a witness to produce a document, he or she may be allowed such appropriate sum as may be prescribed.

The dissolution of a Muslim marriage shall be governed by Muslim law.

A party to a Muslim marriage may petition the Court for dissolution of the said marriage in the manner provided under these Rules.

Dissolution of Muslim marriages shall be commenced by filing a claim in Form KC 1.

A husband may divorce his wife in accordance with Muslim law.

Within reasonable and practicable time after any divorce, a party to a divorce shall apply by way of an application to the Court in the area in which the divorce took place with all necessary particulars and shall pay to the Court the prescribed fees and the Court shall verify on whether the unilateral Talaq issued by the husband is valid in accordance with the Muslim school of jurisprudence of the parties and upon satisfaction forthwith register the divorce and issue a certificate of divorce:

Provided that in the case of a revocable divorce no certificate of divorce shall be issued until after the expiration of the period of Idda.

The Court shall retain the role of verifying whether the unilateral Talaq meet the standards of Muslim law.

Where the parties are agreed to divorce by Khul', upon payment or satisfactory arrangement to make payment, the Court may dissolve the marriage.

In the absence of agreement, a married woman may apply to the Court for the dissolution of the marriage.

If the parties are unable to agree to the amount to be paid, the Court shall assess the amount of the payment to be made by the wife in accordance with the status and means of the parties and shall upon payment, or satisfactory arrangements to pay, dissolve the marriage.

If the husband consents to the divorce, the Court shall, on payment, dissolve the marriage.

The arrangements to make payment shall be to the satisfaction of the Court in accordance with the means of the Parties and the justice of the case.

Where the parties to a marriage have taken oath by way of li'an, the Court shall record and register the divorce by li 'an accordingly and issue a certificate of divorce to the parties to the marriage.

All evidentiary procedure relating to the proof of adultery shall be exhausted.

The Court shall cause the parties to swear an affidavit.

The Court shall issue a declaration.

An affidavit of li 'an shall be in in Forms KC 21 and KC 22.

A married woman may, under the terms of an agreement made upon marriage, apply to the Court for dissolution of that marriage in accordance with those terms.

The Court shall inquire as necessary into the validity of the divorce and shall, if satisfied, dissolve the marriage.

A party to a marriage may apply by suit in the Court for a decree of dissolution of marriage (fasakh), in accordance with Muslim law.

No decree shall be pronounced save in accordance with of Muslim law.

In cases of dissolution of marriages, the Court may attempt to reconcile the parties and, if the couple have children, the Court shall offer reconciliation to the parties at least twice and separate between them for a period not less than thirty days and not more than sixty days.

Where the Court is convinced that reconciliation has been adequately done but without success before matter was filed and differences are still irreconcilable, the Court may proceed to hear the matter.

A woman who has been divorced by her husband may apply to the Court for a consolatory gift (Matta 'a).

The Court may, after hearing the parties, order payment of such sum or property as may be just and in accordance with Muslim law.

A married woman may apply to the Court obtain for an order against her husband for the payment, from time to time, of any such sums in respect of her maintenance as she may be entitled to in accordance with Muslim law.

A woman who has been divorced may apply to the Court for an order against her former husband for the payment, in respect of the period of Idda, of any such sum in respect of her maintenance as she may be entitled to in accordance with Muslim law.

A minor may apply to the Court through a representative for an order against his or her father or any other person liable in accordance with Muslim law to support him or her for the payment, from time to time, of any such sums in respect of his or hr maintenance to which he or she may be entitled to in accordance with Muslim law.

It shall be a sufficient response to any such application that the applicant has sufficient means to support himself or herself.

An application under paragraph (1) shall be by way of Notice of Motion.

The Court may at any time on an application and for sufficient reasons from time to time, revoke, review, suspend or vary any order where the order is in respect the status of children and/or any financial provisions for the spouse or children.

Any order made under this part of these Rules may be rescinded or varied upon the application of any person interested thereunder and upon proof of change of material circumstances.

The provisions of Part VII of the Law of Succession Act relating to the administration of a deceased person's estate where they are not inconsistent with those of Muslim law shall apply in the case of a deceased Muslim.

The Court may grant and confirm probate and letters of administration in respect of an intestate or testate deceased Muslim.

The Court may appoint an administrator or administrators of the estate of the deceased person, who shall have all the rights and powers of a general administrator, other than the right of distributing the estate.

The administrator appointed under paragraph (3) shall be subject to the direct control of the Court and shall act under the Court's direction.

When a minor is a beneficiary of the estate of the deceased person, letters of administration may be granted to the legal guardian of the minor, or to such other person as the Court shall think fit until the minor has attained full age.

The Court may direct for the provision for the minor to pay for his or her maintenance and other necessities.

After the expiration of a period of six months, or such shorter period as the Court may direct under paragraph (8), from the date of any grant of representation, the holder thereof shall apply to the Court for confirmation of the grant for the distribution of the estate of the deceased person.

Where it is proved that a person has not been heard of for four years by those who might be expected to have heard of him or her if he or she were alive, there shall be a rebuttable presumption that the person is dead:

Provided that in exceptional circumstances where the facts justify, the Court shall have the discretion to apply a shorter period provided that it is not less than one year.

The Court shall make a declaration on the presumed date of death.

In case the person presumed dead is a man, the wife shall start observing Edda period from the date which the missing spouse was presumed dead by the Court.

The languages of the Court shall be English and Kiswahili.

Any document required for use in pursuance of these Rules shall be in the official language, and a document in any other language shall be accompanied by a translation thereof in the official language.

The Court may by application, upon such terms as it thinks just, extend or abridge the period within which a person is required or authorized by these Rules or by any judgment, order or direction to do any act in any proceedings.

The Court may extend any such period as is referred to in rule (1) although the application for extension is not made until after the expiration of such period.

Nothing in these Rules shall be deemed to limit or affect the inherent power of the Court to make any order as may be necessary to apply the relevant principles of Muslim law to and to prevent injustice or abuse of the process of the Court.

In matters of practice and procedure not expressly provided for in these Rules made thereunder, the Court may adopt such procedure as may seem proper for the avoidance of injustice and the disposal of the matters in issue between the parties.

The overriding objective of these Rules shall be to facilitate the just, expeditious, proportionate, affordable and amicable resolution of disputes in respect of Muslim law relating to personal status, marriage, divorce or inheritance.

A party to proceedings or an advocate for a party is under a duty to assist the Court to further the overriding objectives of these Rules and to that effect to participate in the processes in the Court and to comply with the directions and orders of the Court.

Non-compliance with the provisions of these Rules shall not render any proceedings void unless the Court shall so order.

The Court may, of its own motion or on the application of any party, make such order for sanction for non-compliance that the Court may consider just in the circumstances.

An application to set aside sanctions for non-compliance of these Rules shall be made at the earliest opportunity.

Subsequent applications may be granted at the Court's discretion and may result in an adverse order for costs.

Save as provided in these Rules, every petition shall be made by notice and supported by a declaration sworn in accordance with these Rules.

If a party is unable to read or write, or unable to afford a lawyer or legal representative, the Court shall provide a scribe to record the party's evidence which shall thereafter be commissioned in accordance with the Oaths and Statutory Declarations Act (Cap. 15).

Every application shall state in full the nature of the order applied for and, in sufficient detail, the facts relied upon by the applicant and, unless the Court otherwise orders, shall be served on all parties.

Where a respondent claims against any person not already a party to the proceedings or suit (in this rule called "the third party") that any question or issue relating to or connected with the said subject matter is substantially the same as any question or issue arising between the claimant and the respondent, and should properly be determined not only as between the claimant and the respondent but between the claimant and the respondent and the third party, the respondent may apply to the Court by way of a Notice of Motion supported by affidavit in Form KC 3 set out in the Schedule within fourteen days after the close of pleadings for permission to serve a "third party notice".

The claimant shall file a copy of the third-party notice and state the nature and grounds of the claim and shall, unless otherwise ordered by the Court, be filed within fourteen days of service in Form KC 4 set out in the Schedule.