Related documents
- Is amended by 24th Annual Supplement
- Is amended by Civil Procedure Act
LAWS OF KENYA
JUDICATURE ACT
THE HIGH COURT (PRACTICE AND PROCEDURE) RULES
GAZETTE NOTICE 1356 OF 1952
- Commenced on 1 January 1953
- [Amended by Civil Procedure Act (Cap. 21) on 31 January 1924]
- [Amended by Remuneration of Advocates Order, 1955 (Gazette Notice 1572 of 1955) on 22 November 1955]
- [Amended by Rules of Court (Court Fees) (Amendment) (No. 2), 1957 (Legal Notice 459 of 1957) on 1 October 1957]
- [Amended by Kenya (Amendment of Laws) (Miscellaneous Amendments) (No. 1) Order, 1964 (Legal Notice 87 of 1964) on 12 December 1963]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1966 (Act No. 21 of 1966) on 12 July 1966]
- [Amended by Rules of Court (Amendment) Rules, 1969 (Legal Notice 197 of 1969) on 5 September 1969]
- [Amended by Rules of Court (Amendment) (No. 2) Rules, 1969 (Legal Notice 244 of 1969) on 5 September 1969]
- [Amended by Rules of Court (Amendment) (No. 3) Rules, 1969 (Legal Notice 3 of 1970) on 9 January 1970]
- [Amended by High Court (Practice and Procedure) (Amendment) Rules, 1974 (Legal Notice 38 of 1974) on 1 March 1974]
- [Amended by High Court (Practice and Procedure) (Amendment) Rules, 1975 (Legal Notice 122 of 1975) on 1 October 1975]
- [Amended by High Court (Practice and Procedure) (Amendment) Rules, 1976 (Legal Notice 71 of 1976) on 1 June 1976]
- [Amended by High Court (Practice and Procedure) (Amendment) Rules, 1980 (Legal Notice 139 of 1980) on 5 September 1980]
- [Amended by Judicature Act - Revocation (Legal Notice 69 of 1981) on 8 May 1981]
- [Amended by High Court (Practice and Procedure) (Amendment) Rules, 1981 (Legal Notice 97 of 1981) on 1 July 1981]
- [Amended by High Court (Practice and Procedure) (Amendment) Rules, 1982 (Legal Notice 69 of 1982) on 28 May 1982]
- [Amended by High Court (Practice and Procedure) (Amendment) (No. 2) Rules, 1982 (Legal Notice 109 of 1982) on 22 July 1982]
- [Amended by High Court (Practice and Procedure) (Amendment) Rules, 1985 (Legal Notice 75 of 1985) on 19 April 1985]
- [Amended by High Court (Practice and Procedure) (Amendment) Rules, 1990 (Legal Notice 275 of 1990) on 6 July 1990]
- [Amended by High Court (Practice and Procedure) (Amendment) Rules, 1991 (Legal Notice 552 of 1991) on 20 December 1991]
- [Amended by High Court (Practice and Procedure) (Amendment) Rules, 1992 (Legal Notice 1 of 1992) on 3 January 1992]
- [Amended by High Court (Practice and Procedure) (Amendment) (No. 2) Rules, 1992 (Legal Notice 56 of 1992) on 6 March 1992]
- [Amended by High Court (Practice and Procedure) (Amendment) Rules, 1995 (Legal Notice 294 of 1995) on 1 September 1995]
- [Amended by High Court (Admiralty Court Fees) (Amendment) Rules, 1997 (Legal Notice 116 of 1997) on 1 July 1997]
- [Amended by Statute Law (Repeals and Miscellaneous Amendments) Act, 1997 (Act No. 10 of 1997) on 7 November 1997]
- [Amended by High Court (Practice and Procedure) (Amendment) Rules, 2013 (Legal Notice 53 of 2013) on 22 March 2013]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – VACATIONS
Part II – JURIES
[Revoked by LN 87/1964.]Part III – REFERENCE TO HIGH COURT ARCHIVES
Part IV – TRANSACTION OF BUSINESS IN CHAMBERS
Part V – LETTERS OF REQUEST FOR SERVICE OF PROCESS
SCHEDULE TO PART V
CERTIFICATE OF SERVICE OF FOREIGN PROCESS
I, ............................., Registrar of the High Court of Kenya, hereby certify that the documents annexed hereto are as follows—(a)the original letter of request for service of process recieved from the Court or tribunal at ............... in the .............. of ................. in the matter of .............. versus ............: and .................(b)the process received with such letter of request; and(c)the evidence of service upon ..................., the person named in such letter of Request, together with the verification of a magistrate.And I further have the honour to request that you will be/are such as are required by the law and pracitce of the High Court of Kenya regulating the service of legal process in Kenya and the proof thereof.And I certify that the cost of effecting such service amounts to the sum of Sh. ................Dated this ............. day of .............., 20 ..........Part VI – LETTERS OF REQUEST TO A FOREIGN TRIBUNAL TO EXAMINE WITNESSES ABROAD
[R.E. 1948, Vol. V.]The following shall be the form or a letter of request to a foreign tribunal to examine witnesses abroad—Whereas an action is now pending in the High Court of Kenya at ..............., in which ...................... is plaintiff and .................... is defendant:And in the said action the plaintiff claims [insert endorsement on writ:And whereas it has been represented to the said court that it is necessary, for the purposes of justice and for the due determination of the matters in dispute between the parties, that the following persons should be examined as witnesses upon oath touching such matters, that is to say, E.F., of ..................., G.H., of ..............., and I.J., of ................And it appearing that such witnesses are resident within the jurisdiction of your honourable court;Now I, ................., as the Judge of the High Court of Kenya, have the honour to request, and to hereby request, that, for the reasons aforesaid and for the assistance of the High Court of Kenya, you as the President and Judges of the said ..................., or some one or more of you, will be pleased to summon the said witnesses (and such other witnesses as the agents of the said plaintiff and defendant shall humbly request you in writing so to summon) to attend at such time and place as you shall appoint before some one or more of you, or such other person as according to the procedure of your court is competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon the interrogatories which accompany this letter of request (or viva voce) touching the said matters in question in the presence of the agents of the plaintifff and defendant, or such of them as shall, on due notice given, attend such examination.And I cerfify that such service so proved, and the proof thereof, pleased to cause the answers of the said witnesses to be reduced into writing, and all books, letters, papers and documents produced upon such examination to be duly marked for identification, and that you will be further pleased to authenticate such examination by the seal of your Tribunal, or in such other way as is in accordance with your procedure, and to return the same, together with such request in writing, if any, for the examination of other witnesses, through the Cabinet Secretary, for transmission to the High Court.Part VII – EVIDENCE FOR FOREIGN TRIBUNAL
SCHEDULE I TO PART VII
ORDER UNDER THE FOREIGN TRIBUNALS EVIDENCE ACT, 1856
In the High Court of Kenya(a).................. Registrar.In the matter of the Foreign Tribunals Evedence Act, 1856 (19 and 20 Vict., c. 113).And in the matter of the Foreign Tribunals Evidence Act, 1856 (19 and 20 Vict., c. 113).And in the matter of a Civil [or Commercial] [or Criminal] proceeding now pending before (b) instituted as follows—Between ..................................... plaintiffand.......................................... Defendant.Upon reading the affidavit (if any) of ...................... filed ............. the .............. day of ................... 20 ......, and the certificate of (c) .................... that proceedings are pending in the (b) ................... In (d) ................. and that such court is desirous of obtaining the testimony of (e) ...................,It is ordered that the said witnesses do attend before (f) ..............., who is hereby appointed examiner herein, at (g) ................. on the ............... day of ............, 20 .............. at ............ o'clock, or such other day and time as the said examiner may appoint, and do there submit to be examined upon oath, or affirmation, touching the testimony so required as aforesaid, and do then and there produce (h).And, it is further ordered that the said examiner do take down in writing the evidence of the said witness, or witnesses, according to the rules and practice of the High Court of Kenya pertaining to the examination and cross-examination of witnesses (or as may be otherwise directed); and do cause each and every such witness to sign his or her depositions in his, the said examiner's, presence; and do sign the depositions taken in pursuance of this order and, when so completed, do transmit the same, togethr with this order, to the Registrar, the High Court of Kenya, Nairobi, for transmission to the President of the sid Tribunal desiring the evidence of such witness or witnesses.Dated this ................ day of .................., 20 ..........(a)Name of Registrar;(b)Description of foreign Tribunal;(c)Name and description of the Ambassador Cabinet Secretary, Diplomatic Agent, Consul of the foreign country;(d)Name of foreign country;(e)Names of witnesses;(f)Name and address of the examiner;(g)Place appointed for examination;(h)Description of documents, if any, required to be produced.SCHEDULE II TO PART VII
CERTIFICATE UNDER THE FOREIGN TRIBUNALS EVIDENCE ACT, 1856
I, ..........., Registrar of the High Court of Kenya, hereby certify that the documents annexed hereto are (1) the original order of the High Court of Kenya dated the ................. day of ............, 20 ............., made in the matter of ......................, pending in the ............... at ............... in the .................. of ................., directing the examination of certain witnesses to be taked before ....................., and (2) the examination and depositions taken by the said .............. pursuant to the said order, and duly signed and completed by him on the .......... day of ................, 20 .........Dated this ............ day of ............., 20 .............SCHEDULE III TO PART VII
[LN 459/1957.]Sh. | cts. | |
---|---|---|
EXAMINER’S FEES | ||
1. On taking evidence on commission— | ||
(a) for giving an appointment to take an examination | 30 | 00 |
(b) for each hour or par of an hour occupied in taking the evidence | 40 | 00 |
Note.— The party prosecuting the order, or his advocate, shall also pay interpretation and clerical fees, all reasonable travelling and other expenses, both of the examiner, including charges for the room (other than the examiner's chambers) where the examination is taken. | ||
COURT FEES | ||
2. On a request made by a foreign court or tribunal for taking evidence within Kenya— | ||
(a) on registering letter of request to take evidence | 15 | 00 |
(b) on application under rule 1 | 15 | 00 |
(c) on order thereon | 10 | 00 |
(d) other fees the same as those payable under rules for the time being in force relating to fees payable in High Court. | 10 | 00 |
Part VIII – ATTACHMENT AND SALE OF PROPERTY
[Revoked by LN 69/1981, LN 71/1976.]Part IX – COURT FEES
[LN 122/1975, LN 139/1980, LN 97/1981, LN 69/1982, LN 75/1985, LN 275/1990, r. 2, LN 294/1995, r. 2.]SCHEDULE TO PART IX
[LN 294 of 1995, r. 2.]COURT FEES
SECTION I — GENERAL
[LN 38 of 1974]Sh. | cts. | |
---|---|---|
1. Sale of forms— | ||
(a) Summons for directions (per form) | 10 | 00 |
(b) Other forms | ||
per 1 form ........................ | 5 | 00 |
per 50 forms ..................... | 160 | 00 |
per 100 forms ................... | 320 | 00 |
2. For taking particulars of plaint | 100 | 00 |
3. On filing a plaint or counterclaim (save as may be otherwise provided for) where the subject matter involved— | ||
(a) does not exceed Sh. 100 | 50 | 00 |
(b) exceeds Sh. 100, a fee of Sh. 50 together with an additional fee of Sh. 20 for every Sh. 100 or part thereof up to Sh. 2,000 and then an additional fee of Sh.10 for every additional Sh. 100 or part thereof up to Sh. 5,000 and thereafter an additional fee of Sh. 5 for every additional Sh. 100 or part thereof, the whole fee not to exceed Sh. 70, 000 subject in the high Court to a minimum fee of ............... | 1,500 | 00 |
4. On filing an election petition of any nature — | ||
(a) in the High Court ........... | 25,000 | 00 |
(b) in a subordinate court ................. | 10,000 | 00 |
5. A hearing fee for every day or part of a day after the first two days during which the case is being heard before a judge or magistrate in court: to be paid as a further additional fee on the plaint or petition (or, if the Judge or magistrate so directs, on the counterclaim)– | ||
(a) in the High Court .......... | 2,000 | 00 |
(b) in the Resident Magistrate’s Court ......... | 1,250 | 00 |
(c) in all other courts ......... | 200 | 00 |
6. On submission of a special case— | ||
(a) where the amount involved cannot be estimated .......... | 2,000 | 00 |
(b) where the amount involved can be estimated— a fee as on a plaint in accordance with item 3. | 00 | |
Note.—If the subject matter has a pecuniary value, ad valorem fees are chargeable; if not, the fees is Sh. 1,500. If the subject matter has both a pecuniary and a non-pecuniary value, ad valorem fees on the pecuniary value only are chargeable. | ||
7. On a reference to the High Court other than by way of appeal or review— | ||
(a) if in chambers ............ | 1,000 | 00 |
(b) if in court .................. | 2,000 | 00 |
7A. For listing of a matter “for mention” only unless the judge or magistrate otherwise directs .............. | 150 | 00 |
8. In a suit where there is a claim for damages of an unspecified amount or where the amount involved in the suit cannot be estimated at a money value and no special fee is prescribed for that class of suit ...... | 1,500 | 00 |
Provided that—(i) where, and as soon as, the amount of damages or the amount otherwise involved in the suit is ascertained by judgment of the court or by agreement of the parties or otherwise, an ad valorem fee on the amount so ascertained shall be calculated in accordance with the scale in item 3 and, if that fee exceeds Sh. 1,500 the excess shall immediately become payable;(ii) where the Court has delivered a judgment which does not specifically state the amount of money involved in the judgment and parties cannot agree upon that amount, any party to the suit or the Registrar may apply to the court to assess the amount for the purpose of levying a fee under this Schedule and the court may assess the amount accordingly. | ||
9. (a) On filing a plaint in a suit for arrears of rent by a landlord against a tenant where an order for the possession of the property occupied is sought from the tenant. } | An ad valorem fee of 15% on the yearly rental of the property in addition to the fee leviable for recovery of rent under item 3subject to a minimum of Sh. 1,500 andmaximum of Sh. 70,000. | |
(b) Where no rent is claimed but anorder for possession only is claimed. } | An ad valorem fee of 15% on the yearly rental value of the property, subject to aminimum of Sh. 1,500 to a maximum of Sh.70,000. | |
10. On an interlocutory application, including the filing of one or more affidavits in support .........Note.—Notices of motion are generally interlocutory but a notice of motion under Order XXXV, rule 1 is an application for final judgment and the fee is as prescribed in item 10A. | 250 | 00 |
10A. For an application for summary judgment under Order XXXV in the High Court | 1,000 | 00 |
In a subordinate court ................ | 250 | 00 |
11. On an application in the High Court for judgment under Order IXA which fee includes any fee on the decree and on any certificate of costs ..... | 500 | 00 |
12. On the filing of an application for judicial review for an order of mandamus prohibition certiorari or any application for a constitutional reference ..........Provided however that on filing of an application for enforcement of a judicial order or decree against a Government department, a fee of Sh. 1,500 shall be charged, and provided further that on filing an application for habeas corpus, a fee of Sh. 1,500 shall be charged. | 6,000 | 00 |
13. (a) On a summons, motion, application or demand taken out, made or filed (not particularly charged and subject to item 10) ................Provided that no fee shall be chargeable on an application for execution of a decree where the amount sought to be recovered, including the costs of the application, is less than Sh. 300. | 250 | 00 |
(b) On a decree or order (not particularly charged and subject to item 10) | 150 | 00 |
(c) On an originating summons or originating motion, if the value of the subject matter can be determined, ad valorem fee under item 3(b) shall be charged; but if the value of the subject matter cannot be determined, a minimum fee of Sh. 1,500 shall be charged.(d) On application for stay of execution of a decree or order— | ||
in the High Court ................... | 1,000 | 00 |
in a subordinate court ............. | 250 | 00 |
14. (1) On an application for the adjournment of a hearing of a suit whether or not by consent in the High Court— | ||
(a) if made at the hearing or at any time after confirmation of the suit in the call over | 1,000 | 00 |
(b) if made at he call over at request of the party making it ............... | 500 | 00 |
(c) on an application for adjournment of an interlocutory summons, notice of a motion or any application made at the hearing thereof. | 400 | 00 |
(2) On an application for adjournment in a subordinate court of a resident magistrate’s, principal magistrate’s or a chief magistrate’s court— | ||
(a) if made at the hearing of a suit or within one month thereof ......... | 400 | 00 |
(b) on an application for adjournment of an interlocutory application if made at the hearing thereof .......................... | 200 | 00 |
(3) In any other court on an application— | ||
(a) for adjournment of a suit at the hearing thereof ............. | 200 | 00 |
(b) for adjournment of an interlocutory application at the hearing thereof ...............Provided that the Chief Justice, the presiding judge or magistrate or an officer designated by the Chief Justice may, on application in that behalf for good cause shown, remit all or part of such fee. | 100 | 00 |
15. On the taking or passing of an account by an officer of the Court otherwise than in court unless the Judge or magistrate otherwise orders, minimum fee ............... | 400 | 00 |
And in addition for every hour or part thereof after the first hour spent in taking or passing the account .....................Note.—This fee should not be charged until the account has actually been taken. | 200 | 00 |
16. For service of a document on a party witness, assessor or other person— | ||
(a) within two miles of the Court issuing it ................. | 150 | 00 |
(b) beyond that distance up to ten miles ........... | 300 | 00 |
(c) over ten miles, in addition to the cost oftransport ....... | 400 | 00 |
(d) for service of a document within Kenya, at the request of a court or partly outside Kenya, in addition to any expenses incurred by the person serving the document ..........Provided that no court fee shall be charged in respect of service when a request therefor is received by the Registrar in relation to a civil matter pending before a court or tribunal in a foreign country with which a convention in that behalf has been made and applied to Kenya and is subsisting. The particulars of charges of the officer or agent employed to effect service shall be submitted to the Registrar who shall certify the amount properly payable in respect thereof. | 200 | 00 |
16A. Issuing summons to enter appearance or any other summons not provided for ... | 50 | 00 |
17. (a) On the issue of witness summons or notice (not particularly charged). | 50 | 00 |
(b) On the issue of every order for execution such as a warrant of attachment or of sale of property or a warrant of arrest and of attachment of salary ............... | 50 | 00 |
18. For attending to view, in addition to all other expenses incurred, unless otherwise ordered | 400 | 00 |
19. On filing a bill of costs for taxation, drawn as between advocate and client or party and party, for every ten folios or part thereof ..................... | 250 | 00 |
20. On a deposit of a document or bundle of documents ............. | 300 | 00 |
21. On taking an affidavit or declaration (other than by a court process server deposing as to his service of a document) ........... | 50 | |
22. For every exhibit an affidavit or declaration ........ | 10 | 00 |
23. For attending elsewhere than at the offices of the Court to administer an oath or affirmation or to take a declaration in addition to the ordinary fee thereon ...........Provided that the distance travelled exceeds two miles such further fees as will cover the cost of the entire journey shall be charged. | 300 | 00 |
24. (a) On balance of estate of deceased person paid into court. | 10 per cent on any amount or value up to and including £100 and 5 percent above, in no case exceeding a total fee of Sh. 3,000. | |
(b) For superintending or taking an inventory. | ||
(c) On deposit of any money or valuables in court. | ||
(d) On money lodged in court otherwise than within the framework of an existing suit. | ||
25. On payment of money into court in an action. | 10 per cent on the payment not exceeding amaximum fee of KSh. 1,500 | |
26. (a) On filing in the High Court consent of judgment ............... | 150 | 00 |
(b) On filing in any court other that the High Court an application for entering ex parte and/or consent to judgment not otherwise provided for ....... | 150 | 00 |
27. (a) On filing in the High Court or the Resident Magistrate’s Court any other document for the filing where of no other special fees is prescribed ..... | 75 | 00 |
(b) On filing in any court other than High Court or the Resident Magistrate’s Court any other document for the filing whereof no other special fee is prescribed under this schedule .................Provided that no fee is payable on the filing of a letter of settlement save where herein otherwise provided. | 25 | 00 |
28. For certifying or attesting a signature or seal on a document .............. | 75 | 00 |
29. For attendance of an officer of the Court at a sale for each hour or part of an hour .......... | 300 | 00 |
30. On reference to the archives— | 00 | |
(a) in a district Magistrate’s Court .......... | 25 | 00 |
(b) in any other court ........................... | 50 | 00 |
(c) in the Probate Registry, per calendar year of search ........... | 50 | 00 |
31. For making a photocopy of any document in the archives: per foolscap page .......... | 10 | 00 |
32. For making an uncertified copy of any document in the archives otherwise than by photocopy process: per foolscap page . | 30 | 00 |
33. For certifying a copy of any documents in the archives or prepared outside the court per foolscap page or a part thereof. | 30 | 00 |
34. All certificates not otherwise provided for ............ | 100 | 00 |
35. For official translation tendered by a party— | ||
(a) for the first folio of 100 words or part thereof .......... | 200 | 00 |
(b) for each subsequent folio or part thereof ....... | 100 | 00 |
36. for certifying a translation of any document— | ||
(a) for the first folio of 100 words or part thereof .......... | 100 | 00 |
(b) for each subsequent folio or part thereof ............ | 50 | 00 |
37. For every communication with a court or tribunal outside Kenya ..........Provided that no communication fee shall be chargeable for sending or returning a summons decree or notice to any court or tribunal outside Kenya where the fee prescribed in item 16(d) has been charged. | 250 | 00 |
38. For every communication with another court or tribunal within Kenya, including communications relating to the transfer of cases from one registry to another (other than a reminder)........ | 100 | |
39. On the filing of a recognisance, bail bond or surety ........... | 50 | |
40. (a) For taking a shorthand note of evidence in court or chambers there shall be payable by the party requesting the note (unless the Court otherwise directs) a fee per hour or part thereof ....... | 150 | |
(b) For an uncertified copy of a transcript of the shorthand note— | ||
(i) for the first copy per folio of 100 words or part thereof ........ | 30 | |
(ii) for each additional copy per folio or part thereof ......... | 10 | |
41. (1) For the execution of a warrant or service of process issuing from a civil court by the police, in addition to the ordinary court fees chargeable under any other item— | ||
(a) for service in ordinary course of police patrol duty when no special journey is made—no fee other than the ordinary service fees under item 16;(b) for service by a police officer when a special journey is made at the request of the party on whose behalf the document is to be served or those of the advocate representing that party— | ||
(i) when the distance the officer has to travel does not exceed two miles from the police station where he is stationed. ....... | 75 | |
(ii) when the distance exceeds two miles at the rate laid down from time to time for Government officers using their own motor vehicles in the public service. | ||
(2) For execution of civil warrants of arrest if that duty necessitates the absence of a police officer from his station for a longer period than six hours: for the first six hours and for each day or part of a day thereafter— | ||
(a) for an officer of or above the rank of inspector........... | 200 | |
(b) for any other officer .................... | 100 | |
(3) In addition to the Court fees already prescribed in this paragraph, there shall be paid by the party requiring the services of a police officer, any necessary rail fares and mileage allowances at the rate laid down from time to time for Government officers using their own motor vehicles in the public service when the vehicle is used, which fares or allowances shall be paid to the police officer effecting the service and there shall be paid by the party to that police officer subsistence allowance to be determined by the Court. | ||
42. On the estates of wards of court, minors or lunatics managed by the Court or trustee appointed by the Court, the charge for management per calendar year or part thereof shall be— | ||
(a) if the capital value of the estates does not exceed Sh. 1,000 | 150 | 00 |
if the capital value of the estate exceeds Sh. 1,000 but does not exceed Sh. 5,000 ............if the capital value of the estate exceeds Sh. 5,000 a fee calculated on the capital value of the estate at 5 per cent. | 750 | 00 |
(b) and, in every case, on the net annual income of the estate................... | 10% | |
Note.—The above fees shall not apply to the Public Trustee. | ||
43. On a protest against a fee as assessed in the registry (returnable if the protest is upheld) .... | 1,500 | 00 |
SECTION II – COMPANY MATTERS
Sh. | cts. | |
1. On presenting in a petition— | ||
(a) to confirm an alteration in a memorandum | 1,500 | 00 |
(b) to confirm the substitution of a memorandum and articles for a deed of settlement ............ | 1,500 | 00 |
(c) to sanction a re-organisation of capital .... | 1,500 | 00 |
(d) to confirm a reduction of capital ........... | 1,500 | 00 |
(e) to sanction a compromise or scheme of arrangement ................ | 1,500 | 00 |
(f) to restore a name to the register of companies .................. | 750 | 00 |
(g) of such a nature as is not herein provided for | 1,500 | 00 |
Provided that when a petition is presented under more than one of the above items, a fee of Sh. 300 only shall be paid in respect ofeach additional item after the first. | ||
2. On an application for extension of time,for registration or for rectification of a registeror mortgages, or for the registration of anallotment of shares ........... | 750 | 00 |
SECTION III – APPEALS AND APPLICATIONS FOR REVIEW OF JUDGMENT
1. Save as otherwise provided, on appeal from any court or tribunal within Kenya to any other court or tribunal within Kenya (other than the Court of Appeal)— | ||
(a) on filing a memorandum of appeal from any court, tribunal or other body from which an appeal lies to the High Court (save as otherwise provided) ........... | 1,500 | 00 |
(aa) on filing an appeal from the Business Premises Tribunal or Rent Restriction Tribunal, minimum ........... | 2,500 | 00 |
Provided if the yearly rental value can be ascertainedthe scale laid down in item 3 of Section I shall beapplicable subject to the said minimum. | ||
(b) on appeals from orders in interlocutorymatters and motions ............ | 750 | 00 |
(c) on filing security for costs ...... | 200 | 00 |
2. On filing an application for review ofjudgment, half the fee payable on the originalplaint, but not to exceed Sh. 1,500. |
SECTION IV – MATRIMONIAL MATTERS
1. On filing a petition (other than for a protection order)— | ||
(a) to the High Court .................................... | 1,500 | 00 |
(b) to a subordinate court.......................... | 500 | 00 |
2. On filing a petition for a protection order:a fee calculated under Section I upon the estimated value of the property to be protected. | ||
3. Motions and chamber applications— | ||
(a) filing fee ......................................... | 250 | 00 |
(b) fee on the order ............................. | 150 | 00 |
(c) for services: as under Section I. | ||
4. On an application for a Registrar’s certificate of compliance ........... | 200 | 00 |
5. On a decree nisi ............................ | 150 | 00 |
6. On an application for a decree absolute ......... | 200 | 00 |
7. On an order making a decree absolute | 150 | 00 |
8. On a Registrar’s certificate that a decreehas been made absolute ....... | 75 | 00 |
9. Other fees: as prescribed in this Schedule. |
SECTION V – REGISTRATION OF JUDGMENTS UNDER THE FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT) ACT
1. On filing an application and supportingaffidavit .............................................. | 200 | 00 |
2. On filing any other affidavit ................. | 50 | 00 |
3. On issuing summons for leave toregister ............................. | 200 | 00 |
4. On any other summons ...................... | 100 | 00 |
5. On the order of registration ............... | 150 | 00 |
6. Other fees: as prescribed in this Schedule. |
SECTION VI – CRIMINAL AND QUASI-CRIMINAL MATTERS
1. (a) On every summons or warrant issued at the instance of a private prosecutor (unless directed by court to be issued free of charge) .......... | 1,000 | 0000 |
(b) service fee: as item in 16 in Section I. | ||
2. On hearing a private prosecution (unless otherwise directed by court) for the first day ................. | 1,500 | 00 |
For each subsequent day or part thereof ....................... | 1,000 | 00 |
3. On a warrant of commitment ............... | 50 | 00 |
4. On an application to the High Court for revision (per person) .............. | 300 | 00 |
5. On filing a petition of appeal— | ||
(a) to the High Court ............................ | 500 | 00 |
(b) to a subordinate court ...........................Provided that the Judge or magistrate before whom the appeal is heard may waive these fees at his discretion. | 150 | 00 |
6. On any other application to the Court or to a judge in chambers (per person) ................. | 300 | 00 |
Part X – FEES IN CRIMINAL APPEALS
[R.E. 1948, Vol. V.]Part XI – FEES OF COURT IN PROCEEDINGS FOR THE ACQUISITION OF LAND FOR PUBLIC PURPOSES
The amount of court fees payable on a memorandum of appeal against an order relating to compensation under any law for the time being in force regulating the compulsory acquisition of land for public purposes shall be computed according to the ad valorem scale at present in force in civil cases upon the difference between the amount awarded and the amount claimed by the appellant.[R.E. 1948 Vol. V.]Part XII – COSTS UNDER THE MINING ACT
Part XIII – COST OF IDENTIFICATION BY THE FINGER PRINT SYSTEM
SCHEDULE TO PART XIII
Sh. | cts. | |
---|---|---|
1. Upon an examination and report ................. | 10 | 00 |
2. For photographing first copy ................. | 5 | 00 |
3. Additional copies, each ........................... | 1 | 00 |
4. For enlarging, per copy ............................. | 2 | 00 |
5. For drawing points of comparison ......... | 20 | 50 |
6. Witness fees, attendance in court to give expert evidence, per day, or part thereof .................. | 40 | 00 |
7. Such travelling expenses and allowances as have reasonably been incurred. |
Part XIV – CLEARING OFFICE
Part XV – MAINTENANCE ORDERS ENFORCEMENT
Part XVI – SUBORDINATE COURTS PRACTICE AND PROCEDURE
A subordinate court holding a preliminary inquiry under Part VIII of the Criminal Procedure Code (Cap. 75) shall, after compliance with the provisions of section 233 of the Criminal Procedure Code as to the manner of taking depositions, subscribe on the record, at the end of the depositions taken before the Court on each day during which the preliminary inquiry continues, a certificate in the form in the Schedule hereto, or a form to similar effect, with variations as the circumstances of the case require.[R.E. 1948, Vol. V.]SCHEDULE TO PART XVI
I certify that the above depositions of C.D. and E.F. were taken and sworn before me in the presence of the accused persons A.B. and that A.B. or his advocate had full opportunity of cross-examining the several witnesses,at ............... on this ............ day .............., 20 ................................................G.H., MagistrateHistory of this document
31 December 2022 this version
Revised by
24th Annual Supplement
22 March 2013
07 November 1997
01 July 1997
01 September 1995
06 March 1992
03 January 1992
20 December 1991
06 July 1990
19 April 1985
22 July 1982
28 May 1982
01 July 1981
08 May 1981
Amended by
Judicature Act - Revocation
05 September 1980
01 June 1976
01 October 1975
01 March 1974
09 January 1970
05 September 1969
Amended by
Rules of Court (Amendment) Rules, 1969
12 July 1966
12 December 1963
01 October 1957
22 November 1955
Amended by
Remuneration of Advocates Order, 1955
01 January 1953
Commenced
31 January 1924
Amended by
Civil Procedure Act
Documents citing this one 1
Judgment 1
1. | Republic v Obado & 2 others (Criminal Case 46 of 2018) [2024] KEHC 10562 (KLR) (Crim) (2 September 2024) (Ruling) |