The High Court (Admiralty) Rules

Legal Notice 8 of 1979

This is the latest version of this Legal Notice.

Citation: Legal Notice 8 of 1979
Primary work: Judicature Act
Date: 31 December 2022
Language: English
Type: Legal Notice

JUDICATURE ACT

THE HIGH COURT (ADMIRALTY) RULES

LEGAL NOTICE 8 OF 1979

Commenced on 26 January 1979

[Amended by High Court (Admiralty Court Fees) (Amendment) Rules, 1997 (Legal Notice 116 of 1997) on 1 July 1997]
[Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]

1. Citation

These Rules may be cited as the High Court (Admiralty) Rules.

2. Interpretation

In these Rules, unless the context otherwise requires—"admiralty proceedings" means proceedings in the High Court by virtue of section 4 of the Act;"Admiralty Registry" means the Registry of the High Court at Nairobi or any District Registry through which for the time being the jurisdiction conferred by section 4 of the Act is exercised;"court" means the High Court;"judge" means a judge of the High Court;"marshal" includes the Admiralty marshal appointed under rule 4 and deputy marshals appointed under rule 5;"Registrar" means the Registrar of the High Court or a deputy registrar for the time being in charge of an Admiralty Registry.

3. Conduct of admiralty proceedings generally

The Supreme Court Rules, 1965 of England, as amended from time to time, shall apply to the exercise by the High Court of its admiralty jurisdiction under section 4 of the Act.

4. Admiralty marshal

(1)There shall be an Admiralty marshal who shall have the powers and authority and carry out the duties and functions for the time being conferred upon or attaching to the office of Admiralty marshal of the High Court of Justice in England and any further or other powers, authority, duties and functions as may from time to time be conferred upon him by the Chief Justice.

(2)The Admiralty marshal shall be the Registrar or a deputy registrar of the High Court and shall be appointed by the Chief Justice on the advice of the Judicial Service Commission and shall hold office upon such terms and conditions as the Chief Justice may from time to time direct.

5. Appointment of deputy marshals at Mombasa and elsewhere

(1)The resident judge at Mombasa and every other judge before whom admiralty proceedings are pending may from time to time appoint a magistrate not below the rank of magistrate of the first class to be a deputy marshal and the deputy marshal shall have in relation to those particular proceedings, subject to the direction of the Judge, the power, authority, duties and functions of the Admiralty marshal.

(2)The appointment of a deputy marshal under paragraph (1) may be terminated by notice in writing at any time by the Chief Justice or by the Judge before whom for the time being the proceedings are pending, but termination shall be without prejudice to anything lawfully done by the deputy marshal prior to termination.

6. Marshals may employ brokers, etc.

(1)In the exercise of the powers, authority, duties and functions conferred upon him by these Rules a marshal may appoint and employ such brokers or other persons as may appear to him to be expedient for the purpose of examining, appraising, valuing, offering for sale or selling any ship or any cargo in or on any ship:Provided that a broker so appointed may with the approval of the marshal by whom he is employed appoint a surveyor for the purpose of inspecting the ship or cargo concerned and submitting a confidential report thereon to the broker; and the proper charges of the surveyor shall be paid by the marshal.

(2)As soon as may be after his appointment a broker shall at the request of the marshal prepare, sign and submit to the marshal in confidence an appraisement of the ship and, if required, the cargo therein; and the contents of that appraisement shall not be disclosed to any person without the authority of the judge or, in the event of the ship being sold, until after the completion of the sale.

(3)The remuneration of the broker for his services shall be—

(a)fee for appraisement: a sum of Sh. 500 in respect of the first £1,000 in value together with Sh. 50 for each additional sum of £400 in value but not to exceed Sh. 2,000 in all;

(b)commission on sale of ship: at the rate 10 per cent on the first £250 realized together with 5 per cent on the next £500 realized, 2½ per cent on the next £750 realised and 1 per cent on the balance over £1,500;

(c)commission on sale of cargo: at the rate of 10 per cent on the first £250 realized together with 5 per cent of the next £500 realized and 2 per cent on the balance over £750.

7. Forms

(1)Subject to paragraph (2), the forms to be used in admiralty proceedings shall be those in use for the time being in the Queen’s Bench Division (Admiralty Court) in England, subject to any variations of whatever nature which may be expedient.

(2)The heading to the forms shall be—"In the High Court of Kenya at (name of registry) Admiralty Jurisdiction" followed by the title of the suit as in England.

8. Fees

(1)Subject to paragraphs (5) and (6), the fees set out in column 2 of the Schedule to these Rules shall be paid in respect of the items set out opposite thereto in column 1.

(2)The fees prescribed by these Rules shall, subject to the provisions of paragraph (3), be paid in cash and the document indicated in column 3 of the Schedule shall be marked by the officer of the court receiving the fee, showing the amount of the fee and the date of its receipt.

(3)The fee at item 10 in the Schedule shall be paid by transfer from money in court.

(4)Where no other provision is made by these Rules the fees prescribed in Section 1 of the Schedule to Part IX of the High Court (Practice and Procedure) Rules (Sub. Leg.) shall, subject to paragraphs (5) and (6), apply mutatis mutandis to admiralty proceedings.

(5)Where it appears to the Chief Justice that the payment in admiralty proceedings of a fee would, owing to the exceptional circumstances of the particular case, involve undue hardship, the Chief Justice may reduce or remit the fee in the case.

(6)Where by a convention entered into by the Government with any foreign power it is provided that no fee shall be required to be paid in respect of any proceedings, no fee shall be charged or levied in any admiralty proceedings.

SCHEDULE [r. 8]

ADMIRALTY COURT FEES

[L.N. 116/1997.]

Item	Steps in Action	R.S.C. No.	Amount (KSh.)
1.	On issuing a writ, whether in rem or in personam	O. 6 r 7(2) O. 75 r 3(2)	The same fee is payable on the filing of a Plaint under Rule 3 of the Schedule to Part IX of the Judicature Act (Cap. 8).
2.	On filing praecipe for caveat against arrest	O. 75 r 6	100 00
3.	On filing praecipe for withdrawal of caveat against arrest.	O. 75 r 15(1)	100 00
4.	On filing request to Court to search in caveat book whether there is a caveat against arrest	O. 75 r 5(3)	100 00
5.	On filing praecipe for arrest		500 00
6.	On filing affidavit to lead to arrest	O. 75 r 5	1,000 00
7.	On filing ex parte application for leave to issue warrant notwithstanding defects in affidavit to lead to warrant of arrest	O. 75 r 5(4)	200 00
8.	On issue of warrant of arrest	O. 75 r 5(4)	100 00
9.	On filing written undertaking regarding Admiralty Marshall’s expenses	O. 75 r 10(3)	100 00
10.	On execution of warrant of arrest	O. 75 r 10(5) & (6)	350 00
11.	On filing written request to Marshall not to execute warrant of arrest	O. 75 r 10(4)	200 00
12.	On filing notice of motion by caveator for discharge of warrant in respect of property protected by caveat against arrest	O. 75 r 7 & r 33A(2)	250 00
13.	On filing affidavit in support of application under item 12 above	O. 75 r 7 & r 33A(2)	100 00
14.	On filing notice of motion by party at whose instance caveat against arrest was entered for order discharging warrant of arrest	O. 75 r 7 & r 34(2)	250 00
15.	On filing affidavit in support of application under item 14 above	O. 75 r 7 & r 34(2)	100 00
16.	On filing application by summons or motion for directions	O. 75 r 12(3)	350 00
17.	On filing application to intervene by a person claiming interest in the property under arrest	O. 75 r 17(1)	1,000 00
18.	On filing affidavit in support of application under item 17 above	O. 75 r 17	500 00
19.	On filing praecipe for caveat against release of any arrested property or of payment out of the proceeds of sale of that property	O. 75 r 14(1)	500 00
20.	On filing praecipe for withdrawal of caveat against release	O. 75 r 15(1)	250 00
21.	On filing notice of motion seeking release of property under arrest on account of delay of such release	O. 75 r 14(2)	500 00
22.	On filing affidavit in support of application under item 21.		200 00
23.	On filing bail bond for release of property under arrest	O. 75 r 16(1)	100 00
24.	On filing affidavit of justification in support of application under item 23	O. 75 r 16(2)	100 00
24A.	On filing notice of bail	O. 75 r 16(4)	100 00
25.	On filing affidavit of service of notice of bail exhibiting copy of notice of bail	O. 75 r 16(4)	100 00
26.	On filing application for release of property on bail	O. 75 r 16	500 00
27.	On filing application by summons by party who objects to the Marshall’s directions as to costs, charges and expenses for variation or revocation of the directions	O. 75 r 13(8)	350 00
28.	On filing notice of motion to set aside writ or warrant of arrest	O. 12 r 8 O. 75 r 34(1)	5,000 00
29.	On filing affidavit in support of an application under item 28	O. 12 r 8 O. 75 r 34(1)	1,000
30.	On the defendant filing acknowledgement of service	O. 12 r 3(1) O. 75 r 6(4)	100. 00
31.	On filing notice of motion for judgment in default	O. 75 r 21(3)	1,000 00
31A.	On filing affidavit verifying facts on which action is based	O. 75 r 21(3)	350 00
32.	On filing summons for order that action be tried without pleadings	O. 81 r 21(1) O. 75 r 31	250. 00
33.	On filing affidavit in support of application under item 32.	O. 81 r 21 (1) O. 75 r 31	100. 00
34.	On filing statement of grounds charging any other party with negligence where action is being tried without pleadings	O. 75 r 18(4)	750 00
35.	In actions to enforce claim for damages, loss of life or personal injury arising out of collision between ships:.
(a)	On Plaintiff lodging preliminary act	O. 75 r 18 (1)	500 00
(b)	On Defendant filing notice of having lodged preliminary act	O. 75 r 18 (2A)	500 00
(c)	On Defendant filing summons to dismiss action in default of Plaintiff lodging preliminary act	O. 75 r 19(1) & (7)	500 00
(d)	On filing affidavit in support of (c) above	O. 75 r 19(1) & (7)	250 00
(e)	On Plaintiff filing notice of motion for judgment in default of Defendant failing to lodge preliminary act	O. 75 r 19(3) & (7)	500 00
(f)	On filing affidavit in support of (e) above	O. 75 r 19(3) & (7)	250 00
36.	On filing statement of claim	O. 81 r 1O. 75 r 18(5)	500. 00
37.	On filing summons for dismissal of action in default of statement of claim	O. 19 r 1	500 00
38.	On filing affidavit in support of application under item 37	O. 91 r 1	250 00
39.	On filing Defence	O. 15 r 2O. 18 r 2	500. 00
40.	On filing counterclaim	the same fee as is payable on the filing of a counterclaim under Rule 3 of the Schedule to Part IX of the Judicature Act (Cap. 8)
41.	On filing notice of motion for judgement in default of defence ........	O. 75 r 21(4)	1,000 00
42.	On filing affidavit that no defence has been served..	O. 75 r 21(4)	350 00
43.	On filing affidavit verifying facts on which action is based ............	O. 75 r 21(4)	350 00
44.	On filing reply to defence and/or defence to counterclaim ......................	O. 81 r 3(1)-(3)	500 00
45.	On filing application for judgement on counterclaim in default of defence to counterclaim ..........	O. 75 r 21(5)	1,000 00
46.	On filing affidavit that no defence to counterclaim has been served ..............	O. 75 r 21(5)	250 00
47.	On filing affidavit verifying facts on which counterclaim is based ............	O. 75 r 21(5)	350 00
48.	On filing any other application not otherwise specifically mentioned herein .........		750. 00
49.	On filing any pleading, affidavit or other document not otherwise specifically provided herein .....		500. 00
50.	On issue of any decree or order ..........		500. 00
51.	On Court serving any writ or other document of whatsoever nature		350. 00
52.	On lodging with the Admiralty Marshall a Commission for the appraisement and sale of ship or any property.		5,000 00
53.	On the sale of a ship or cargo—
(a)	for every KSh. 2,000 or fraction of KSh. 2,000 of the price up to KSh.2,000,000 .........		50. 00
(b)	for every KSh. 2,000 or fraction of KSh. 2,000 of the price exceeding KSh.2,000,000 ........		25 00

▲ To the top

History of this document

31 December 2022 this version

Revised by 24th Annual Supplement

01 July 1997

Amended by High Court (Admiralty Court Fees) (Amendment) Rules, 1997

26 January 1979

Commenced

Cited documents 1

Act 1

1.	Judicature Act	982 citations

The High Court (Admiralty) Rules

Legal Notice 8 of 1979

Related documents

LAWS OF KENYA

JUDICATURE ACT

THE HIGH COURT (ADMIRALTY) RULES

LEGAL NOTICE 8 OF 1979

1. Citation

2. Interpretation

3. Conduct of admiralty proceedings generally

4. Admiralty marshal

5. Appointment of deputy marshals at Mombasa and elsewhere

6. Marshals may employ brokers, etc.

7. Forms

8. Fees

SCHEDULE [r. 8]

ADMIRALTY COURT FEES

History of this document

31 December 2022 this version

01 July 1997

26 January 1979

Cited documents 1

Act 1

Documents citing this one 0

The High Court (Admiralty) Rules

Legal Notice 8 of 1979

Related documents

LAWS OF KENYA

JUDICATURE ACT

THE HIGH COURT (ADMIRALTY) RULES

LEGAL NOTICE 8 OF 1979

1. Citation

2. Interpretation

3. Conduct of admiralty proceedings generally

4. Admiralty marshal

5. Appointment of deputy marshals at Mombasa and elsewhere

6. Marshals may employ brokers, etc.

7. Forms

8. Fees

SCHEDULE [r. 8]

ADMIRALTY COURT FEES

History of this document

31 December 2022 this version

01 July 1997

26 January 1979

Related documents

Is amended by

Cited documents 1

Act 1

Documents citing this one 0