The Mechanisms of Case Management Under The New Civil Procedure Rules, 2010

Date: 1 January 2011
Language: English
Type: Article

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THE MECHANISMS OF CASE MANAGEMENT UNDER

THE NEW CIVIL PROCEDURE RULES, 2010.

BY:

JEANNE W. GACHECHE

PRESIDING JUDGE

CONSTITUTIONAL AND JUDICIAL REVIEW DIVISION

OF THE HIGH COURT OF KENYA

INTRODUCTION

The New Civil Procedure Rules 2010, which were gazetted on 17^th September 2010, became effective on 17^th December 2010.
The Rules deliberately depart from the traditional adversarial system of litigation where courts have played the role of the impartial bystander and arbiter who could not descend into the arena of conflict.

The Rules, which were developed and complied by the Rules Committee over a period of six years, contain the representations received from the stakeholders, including the Law Society of Kenya and the Judiciary.

There was need to formulate innovative approaches, aimed at efficacy, effectiveness and relevance, the motive being to improve service delivery at the same time put to an end the dismissal of causes on technicalities in line with the provisions of sections 1A and 1B of the Civil Procedure Act.

Courts are now mandated and empowered to narrow down issues for determination, and to set time limits within which activities relating to specific litigation must be undertaken, with a view to enhancing case management techniques, ensuring that court resources are used efficiently and eradicating delays.

It is expected that the new Rules will have a far reaching effect on civil litigation in Kenya.

Practice Directions will also have to be issued by the Honourable Chief Justice to streamline the operation of the Rules.

The current members of the Rules Committee are:

Two Judges of Court of Appeal namely:

Two Judges of the High Court namely;

The Attorney General is represented by Ms. Muthoni Kimani, the Senior Deputy Solicitor General;

Two advocates namely:

Mr. George Vincent Odunga who represents the Law Society of Kenya;
Mr. Wamuti Ndegwa who represents the Mombasa Law Society.

The Secretary to the Committee is Ms. Winfridah B. Mokaya, Principal Magistrate.

THE MAIN CHANGES IN THE CIVIL PROCEDURE RULES.

The Orders are now named numerically instead of Roman letters.

The Orders are now arranged systematically for sequential flow.

All former Orders ‘A’ have been changed and a new Order 11 introduced to cater for the changes.

The former Order III has now been consolidated with Order IV.

The former Orders X and XII have been renumbered, with the result that the former Orders have had to be renumbered e.g. “Affidavits” are now catered for in Order 19, while “Injunctions” are catered for under Order 40.

Several Orders have been amalgamated e.g. the former Orders II (‘Frame of Suit’) and IV (‘Institution of Suits’), now appear as Order 3 (‘Frame and Institution of Suits’), and ‘Issue of Summons’, which was formerly under Order IV has now been consolidated with Order V to appear as Order 5 (‘Issue and Service of Summons’).

The new Order 11 caters for ‘Pre-Trial Directions and Conferences’. It shall also apply to all claims other than small claims (Order 3 Rule 1), and it shall cater for the preliminary issues in advance, with a view to ensuring that once it commences, the trial will proceed on a day to day basis without unnecessary interruptions and delays. Courts must allocate time at this stage.

Chamber Summons will now apply in limited circumstances only, these being applications made under the following Orders and Rules:

Order 1 rule 10 - substitution and addition of parties.
Order 1 rule 14 - addition, striking out, substitution of plaintiff or defendant.
Order 1 rule 15 - leave to issue third party notice.
Order 1 rule 18 - deeming of liability to the defendant by a defaulting third party if the Government.
Order 1 rule 19 - judgment against defaulting third party.
Order 1 rule 20 - leave to enter judgment against Government/ third party.
Order 1 rule 22 - third party directions.
Order 2 rule 1 (3) - an order that no further information is required by the defendant from the plaintiff to enable the defendant file a defence.
Order 7 rule 16 (3) - an order for costs where a new ground of defence has arisen which the plaintiff concedes to.
Order 9 rule 13 (1) - order for withdrawal of an advocate who has ceased to act
Order 15 rule 15 (2) - order for security for attendance by a person summoned to give evidence.
Order 19 rule 9 - applications relating to affidavits.
Order 27 rule 2 (3) - order for disallowance of costs where the defendant deposits the money in court.
Order 27 rule 2 (4) - approval of terms of settlement in defamation suits.
Order 29 rule 4 (2) - order restraining a judgment debtor from receiving money owed to him by the Government and directing that payment be made to decree holder or receiver.
Order 32 rule 12 (5) - by a minor upon attaining majority.
Order 34 rule 1 - institution of interpleader proceedings in a pending suit.
Order 37 rule 5 - applications relating to removal of caveats in a pending suit.
Order 42 rule 35 (1) - dismissals of appeals for want of prosecution.
Order 52 rule 6 (1) - charging orders under the Advocates Act.
Order 52 rule 7 (1) (a) - enforcement of undertakings by advocates in a pending suit.

A COMPARATIVE ANALYSIS OF THE FORMER CIVIL PROCEDURE RULES AND THE NEW CIVIL PROCEDURE RULES, 2010.


FORMER CPR		CPR 2010
ORDER		ORDER
I	Parties to Suits	1	Parties to Suits
			Substantive Changes	Numbering Changes
			Under Order 1 rule 8, leave in representative suits shall no longer be necessary; Under Order 1 rule 15 the time limited for applying for third party notice is now limited to 14 days after close of pleadings.	Former Rule		New Rule
				O. 1 r. 10A		O. 1 r. 11
				O. 1 r.11		O. 1 r.12
				O. 1 r.12		O. 1 r.13
				O. 1 r.13		O. 1 r.14
				O. 1 r.14		O. 1 r.15
				O. 1 r.14A		O. 1 r.16
				O. 1 r.15		O. 1 r.17
				O. 1 r.16		O. 1 r.18
				O. 1 r.16A		O. 1 r.19
				O. 1 r.17		O. 1 r.20
				O. 1 r.18		O. 1 r.21
				O. 1 r.19		O. 1 r.22
				O. 1 r.20		O. 1 r.23
				O. 1 r. 21		O. 1 r.24
				O. 1 r.22		O. 1 r.25

II	Frame of Suit	2	Pleadings Generally
			Substantive Changes	Numbering Changes
			Replaces the former Order VI	Former Rule		New Rule
			O.2 r.1 (1) now applies to pleadings in ALL civil proceedings unlike the previous O. VI r.1 (1) which only applied to pleadings in civil proceedings against the Government	O. VI r. 6A		O. 2 r. 7
				O. VI r. 6B		O. 2 r. 8
				O. VI r. 7		O. 2 r. 9
				O. VI r. 8		O. 2 r. 10
			O. 2 r. 10 (5) changes the form to be used in applying for particulars of pleadings to Form No. 2 in Appendix B. Previously, O. VI r. 8 (5) prescribed Form No.14 in Appendix B	O. VI r. 9		O. 2 r. 11
				O. VI r. 10		O. 2 r. 12
				O. VI r. 11		O. 2 r. 13
				O. VI r. 12		O. 2 r. 14
				O. VI r. 13		O. 2 r. 15
				O. VI r.14		O. 2 r. 16
			O. 2 r. 10 (6) changes the form to be used in furnishing particulars sought to Form No. 3 in Appendix A. Previously, O. VI r. 8 (6) prescribed Form No.15 in Appendix B	O. VI r. 15		O. 2 r. 17

			O. VI r.16 (procedure) is repealed/deleted

III	Recognized Agents and Advocates	3	Frame and Institution of Suit
			Substantive Changes	Numbering Changes
			Combines Former Order II and part of Order IV	Former Rule		New Rule
			O. 3 r. 1(2) to 1(4) introduce the concept of “track-allocation” and its use by litigants in filing pleadings; they define the various “tracks”. Small claims- claims involving not more than two parties and whose monetary value does not exceed K.Shs. 49,999/-), Fast-track refers to a case with undisputed facts and legal issues; relative few parties; and would likely to be concluded within 180 days after pre-trial directions and Multi-track- which refers to a case which with complex facts and legal issues; or several parties; and would likely be concluded in within 240 days from the date of the pre-trial directions. The criteria for choosing a track by the plaintiff are set out in Order 3 Rule 1 (4). The factors to be considered are: The complexity of the issues of fact, law or evidence; The financial value of the claim; The likely expense to the parties; The importance of issues of law of fact to the public; The nature of the remedy sought; The number of parties or prospective parties; and The time required for pre-trial disclosures and preparation for trial or hearing.	O. IV r. 1		O. 3 r.1
				O. IV r. 2		O. 3 r. 3
				O II r. 1		O. 3 r. 4
				O II r. 2		O. 3 r. 5
				O II r. 3		O. 3 r. 6
				O II r. 4		O. 3 r. 7
				O II r. 5 O II r. 7		O. 3 r. 8 O. 3 r. 9
			O. 3. r. 2 is a new rule that requires Plaintiffs to file their Plaints together with lists of witnesses, witness statements (excluding expert witnesses) and copies of documents to be relied upon at trial. The witness statements may under the proviso to this rule with leave of the court be furnished at least 15 days

			O. II r. 8 (procedure) is repealed/deleted

IV	Institution of Suit and Issue of Summons	4	Plaint
			Substantive Changes	Numbering Changes
			Replaces the former Order VII	Former Rule		New Rule
			A new paragraph (d) is introduced in O. 4 r.1 (1) requiring a Plaint to state where the cause of action arose.	O. VII r. 1 (1) (d)		O. 4 r. 1(1) (e)
				O. VII r. 1 (1) (e)		O. 4 r. 1(1) (f)
			The Former O. VII r. 1(1) (e) becomes O. 4 r. 1(1) (f) to which is added the requirement that a Plaintiff include in their Plaint an averment that the cause of action relates to them.
				O. VII r. 1 (3)		O. 4 r. 1 (6)

			A new sub rule, O. 4 r.1 (3) is introduced allowing the swearing of a Verifying Affidavit on the authority of another/others provided the authority to so swear is filed together with the Plaint and Verifying Affidavit.
			A new sub rule, O.4 r.1 (4) is introduced prescribing that only officers authorized under the seal of a corporation may swear verifying affidavits in actions filed by Corporations, Similar provisions on verifying affidavits apply to counterclaims.
			A new sub rule, O. 4 r. 1 (5) is introduced extending the application of the above O. 4 r.1 (3) and O.4 r.1 (4), mutatis mutandis, to Counterclaims.
			A new sub rule, O.4 r.1 (1) (6) is introduced in place of the former O. VII r. 1(3) enlarging the Court’s power to include the striking out of Counterclaims on its own motion or on an application by the Plaintiff.
			O. 4 r. 6 extends the requirement that Plaints and Defences state the specific relief claimed to apply to Counterclaims.
			The Former O. VII r. 10 (procedure) is repealed/deleted

V	Service of Summons	5	Issue and Service of Summons
			Substantive Changes	Numbering Changes
			Incorporate part of the former O. IV on the Issue of summons. O 5 r 1(1) the summons must now be signed and sealed within 30 days from the date of filing of the suit and shall be collected within 30 days of issue or notification whichever is later, failing which the suit abates.	Former Rule	New Rule
				O. IV r. 3	O. 5 r. 1
			A new paragraph, O 5 r 3 (b) (iii) (in case of corporations) and 5 (1) (e) summons may now be served by licensed couriers who shall be approved by the Court.	O. V. r. 1	O. 5 r. 2
				O. V. r. 2	O. 5 r. 3
				O. V. r. 3	O. 5 r. 4
				O. V. r. 6	O. 5 r. 5
				O. V. r. 7		O. 5 r. 6
			O. 5 r. 8 (2) stipulates that service may be made on an Advocate who has instructions to accept service and judgment in default of appearance MAY be entered after such service. Under the former O. V r. 9 (2) judgment in default of appearance could NOT be entered after service on an Advocate	O. V. r. 8		O. 5 r. 7
				O. V. r. 9		O. 5 r. 8
				O. V. r. 9A		O. 5 r. 9
				O. V. r. 21A		O. 5 r. 22
				O. V. r. 21B		O. 5 r. 23
				O. V. r. 22		O. 5 r. 24
				O. V. r. 23		O. 5 r. 25
				O. V. r. 24		O. 5 r. 26
			O 5 r. 12 - it is now an express requirement that for service to be made on agents or adult member of the family, a reasonable number of attempts must have been made. O. 5 r. 15 (1) prescribes that Affidavits of Service be in Form No. 4 of Appendix A The former O. V r. 15 (1) prescribed Form No. 8 of Appendix A for the same	O. V. r. 25		O. 5 r. 27
				O. V. r. 26		O. 5 r. 28
				O. V. r. 27		O. 5 r. 29
				O. V. r. 28		O. 5 r. 30
				O. V. r. 28A		O. 5 r. 31
			O. 5 r. 17 (4) prescribes that Substituted Service by advertisement be in Form No. 5 of Appendix A The former O. V r. 17 (4) prescribed Form No. 23 of Appendix A for the same	O. V. r. 29		O. 5 r. 32
				O. V. r. 30		O. 5 r. 33
				O. V. r. 31		O. 5 r. 34

			O. 5 r. 18 now requires that service on a person confined in prison be done in person in the presence of the officer in charge of the prison. The former O. V r.18 deemed delivery by post or service on the officer in charge of the prison sufficient.

			O. 5 r. 28 (2) prescribes that parties residing outside Kenya be served with a Notice of Summons in Form No. 6 of Appendix A The former O. V r. 26 (2) prescribed Form No. 24 of Appendix A for the same
			O. 5 r. 29 (a) prescribes that the diplomatic request accompanying process to be served in a foreign country to be in Form No. 7 of Appendix A The former O. V r. 27 (a) prescribed Form No. 9 of Appendix A for the same
			O. 5 r. 29 (b) requires a party bespeaking a copy Notice of Summons for service to file a process in Form No. 8 of Appendix A The former O. V r. 27 (b) prescribed Form No. 10 of Appendix A for the same
			O. 5 r. 29 (d) prescribes that an order for Substituted service of a Notice of Summons be in Form No. 9 of Appendix A The former O. V r. 27 (d) prescribed Form No. 11 of Appendix A for the same
			O.5 r.29(e) prescribes that an order for substituted service of a Notice of Summons be submitted together with a process, the Notice of Summons itself and a copy. These are to be forwarded by the Ministry in charge of Foreign Affairs with a request in Form No.10 of Appendix A The former O. V r. 27 (e) prescribed Form No. 12 of Appendix A for the same
			O. 5 r. 32 (e) prescribes that the Registrar’s Certificate evidencing service of foreign process in Kenya be in Form No. 11 of Appendix A The former O. V r. 29 (e) prescribed Form No. 13 of Appendix A for the same
			The former O. V r. 31(c) requiring the Registrar to submit a certificate establishing service or reasons of non-service to consular or other authorities is repealed/deleted
			The former O. V r. 32 (procedure) is repealed/deleted

VI	Pleadings Generally	6	Appearance of Parties
			Substantive Changes	Numbering Changes
			Replaces the former Order IX	Former Rule		New Rule
			O. 6 r. 1 requires a defendant to enter appearance within the time prescribed by the summons unless an Order of the Court prescribes otherwise The former O. IX r. 1 allowed a defendant to appear at any time before interlocutory or final judgment	O. IX r. 7 (1)		O. 6 r. 6 (1)

			O. 6 r. 2 (1) requires one to enter appearance in Form No. 12 of Appendix A The Former O. IX r. 2 (1) prescribed Form No. 25 of Appendix A for the same
			O. 6 r. 2 (3) now requires a Defendant to file an affidavit of service after serving a memorandum of appearance
			The former O. IX r. 6 (procedure) is repealed/deleted
			O. 6 r. 6(1) enlarges the modes of delivery of documents under the former O. IX r. 7(1) to include a licenced courier service provider approved by the Court. It provides that documents may either be delivered by hand or by approved licensed courier service provider (these are only documents under this order). If a dispute arises as delivery, a certificate of posting or other form of proof of service is to be filed. The defence is to be accompanied by verifying affidavit (where there is a counterclaim), list of witnesses and statements and copies of documents. Again leave of the court may be obtained to have the statements furnished at least 15 days prior to Trial Conference. Service of documents under this order is provided in O.5 r 20.

VIA	Amendment of Pleadings		REPLACED BY O. 8 CPR 2010 BELOW

VII	Plaint	7	Defence and Counterclaim
	-		Substantive Changes	Numbering Changes
			Replaces the former O. VIII	Former Rule		New Rule
			O. 7 r. 1 requires a Defence to be filed within fourteen days after the filing of a memorandum of appearance and served within fourteen days thereafter and an affidavit of service of the same filed. Though the period for service of defence is extended from 7 days to 14 days, the affidavit of service must be filed in court. The Former O. VII r. 1 allowed for the filing of a Defence within15 days from the date of entering an appearance or at any time before the first hearing. It was to be served within seven days of its filing	O. VIII r. 2		O. 7 r. 3
				O. VIII r. 2A		O. 7 r. 4
				O. VIII r. 4		O. 7 r. 6
				O. VIII r. 6		O. 7 r. 7
				O. VIII r. 7		O. 7 r. 8
				O. VIII r. 8		O. 7 r. 9
				O. VIII r. 9		O. 7 r. 10
				O. VIII r. 10		O. 7 r. 11
				O. VIII r. 11		O. 7 r. 12
				O. VIII r. 12		O. 7 r. 13
			A new rule, O. 7 r.5, is introduced requiring a Defendant to file his Defence and Counterclaim to together with: A verifying Affidavit in the event a Counterclaim is pleaded, A list of witnesses to be called at trial Witness statements of witnesses (except statements of experts to be called at trial); and Copies of documents to be relied upon at trial.	O. VIII r. 13		O. 7 r. 14
			The former O. VIII r. 20 (procedure) is repealed/deleted and replaced with O. 7 r. 20 requiring service of documents prepared under O. 7 to be done in accordance with O. 5 CPR 2010.

VIII	Defence and Counterclaim	8	Amendment of Pleadings
			Substantive Changes	Numbering Changes
			Replaces the former O. VIA	Former Rule		New Rule
			O. 8 r. 8 does away with the procedure requiring formal Applications to be made by summons.

IX	Appearance of Parties	9	Recognized Agents and Advocates
			Substantive Changes	Numbering Changes
			Replaces the former O. III	Former Rule		New Rule
			O. 9 r. 2 (a) now recognizes persons holding the powers of attorney as agents, but subject to Court’s approval of the power claimed to be held.	O. III r.5		O. 9 r. 4
				O. III r. 6		O. 9 r. 5
				O. III r. 7		O. 9 r. 6
				O. III r. 8		O. 9 r. 7
				O. III r. 9		O. 9 r. 8
				O. III r. 9A		O. 9 r. 9
				O. III r. 10		O. 9 r.11
				O. III r. 11		O. 9 r.12
				O. III r. 12		O. 9 r.13

			A new rule, O. 9 r. 10 is introduced allowing a party seeking to change Advocates after Judgment has been passed to combine such an application with other prayers as long as the issue of representation is determined first. It will now be permissible to record a consent allowing an incoming advocate to come on record while rule 9 allows for combination of prayers for leave to come on record together with stay in the same application save that the former is to be disposed of first.

IXA	Consequence of Non-Appearance and Default of Defence		REPLACED BY O. 10 CPR 2010 BELOW




IXB	Hearing and Consequence of Non-Attendance		REPLACED BY O. 12 CPR 2010 BELOW



X	Interrogatories, Discovery and Inspection	10	Consequence of Non-Appearance, Default of Defence and Failure to Serve
			Substantive Changes	Numbering Changes
			Replaces the former O. IXA	Former Rule		New Rule
			Introduces a new rule 3 which allows the Court either on its own motion or on application by the Plaintiff to strike out the Memorandum of Appearance and Defence if the same have not been served within the prescribed time. Failure to serve either a memorandum of appearance or defence within the prescribed time may lead to any of those documents being struck out either by the court or on application hence the necessity to file affidavit of service.	O. IXA r. 3		O. 10. r. 4
				O. IXA r. 4		O. 10. r. 5
				O. IXA r. 5		O. 10. r. 6
				O. IXA r. 6		O. 10. r. 7
				O. IXA r. 7		O. 10. r. 8
				O. IXA r. 8 O. IXA r.9 O. IXA r.10		O. 10. r. 9 O. 10. r. 10 O. IXA r. 11
			O. 10 r. 4 prescribes that where a Defendant fails to appear, a Plaintiff seeking judgment on a liquidated amount may request for the same in Form No. 13 of Appendix A. The former O. IXA r. 3 prescribed Form No. 26 of Appendix C for the same.


			All references to Form No. 26 of Appendix C in the Former O. IXA are replaced with Form No. 13 of Appendix A in O. 10
			The former O. IXA r. 11 (procedure) is repealed/deleted

XI	Consolidation of Suits	11	Pre-Trial Directions and Conferences
			Substantive Changes	Numbering Changes
			Replaces the former O. X	Former Rule		New Rule
			O. 11 r. 1 exempts the application of the Order to small claims or such other suits as the Court may order
			O. 11 r. 2 introduces the Pre-trial Questionnaire in Appendix B which has to be completed, filed and served by parties within 10 days after the close of pleadings
			O. 11 r. 3 (1) introduces the Case Conference which the Court has to convene within 30 days after the close of pleadings to; Consider compliance in the filing of pleadings and documents by both parties Frame Issues for trial Explore methods to resolve the contested issues Where possible secure parties’ agreement on a specific schedule of events in the proceedings Narrow or resolve outstanding issues Create a timetable for the proceedings Change the track of a case Consider consolidation of suits; or Identify a test suit and order stay of other suits
			O. 11 r. 3 (2) allows the Court, at the Case Conference to: Deal with any interlocutory applications or create a suitable timetable for their expeditious disposal Order the filing and service of any necessary particulars within a specific period Order admission of statements without calling of the makers as witnesses where appropriate and the production of any copy of a statement where the original is unavailable Order the giving of evidence on the basis of affidavit evidence or give orders for discovery or production or inspection or interrogatories which may be appropriate to the case Order for the examination of any witness by an examiner or by the issue of Commission outside court and for the admission of any such examination as evidence in court Make any procedural order By consent of the parties, or where appropriate on its own motion make an order for interlocutory relief Make a referral order for alternative dispute resolution Convene a hearing Give any suitable directions to facilitate expeditious disposal of the suit or any outstanding issues Encourage the parties to co-operate with each other in the conduct of the proceedings Help the parties to settle the whole or part of the case Consider whether the likely benefits of taking a particular step justifies the cost of taking it Deal with as many aspects of the case as it can on the same occasion Make any such orders as may be appropriate including striking out the action or defence, making an award of costs, striking out of any document or part of it, or creating or amending a case timetable

______________________________________________________________________________________

			O. 11. r. 4 introduces the form of Order to be issued by the Court at the conclusion of a Case Conference. It is to be in terms of Appendix C
			O. 11 r. 5 (1) introduces the Settlement Conference to be convened within 30 days (fast-track) and 60 days (multi-track) of the Case Conference with a view to settling the case or narrowing down the issues for trial
			O. 11 r. 5 (2) introduces the Settlement Conference Brief which is to be filed and exchanged by parties at least 7 days before the Settlement Conference. It is to contain: A concise summary of the facts including the agreed facts and admissions A concise summary of the issues and the law to be relied upon by each party including their rights and interests A final list of witnesses and a summary of each witness’s statements; and Expert reports and the relevant portions of documents relied upon
			O. 11 r. 7 (1) introduces the Trial Conference to be convened at least 30 days before the hearing date of a suit for the purpose of: Planning of trial time Exploring the most expeditious way to introduce evidence and define issues Granting leave to amend pleadings within a specific period not exceeding fourteen days Ordering the admission of statements without the calling of the makers as witnesses where appropriate and the production of any copy of a statement where the original is unavailable Ordering the giving of evidence on the basis of affidavit Ordering for the examination of any witness by the issue of Commission outside court and for the admission of any such examination as evidence in court Making appropriate orders relating to experts reports including their exchange and admissibility at the trial Making appropriate orders concerning the receiving in evidence of any exhibit; and Making a referral order for alternative dispute resolution.
			O. 11 r. 7 (2) requires parties to provide the Court with relevant information to enable it consider and settle the length of time which will probably be required for the hearing of the suit
			O. 11 r. 7 (3) empowers the Court to order costs against a party that willfully fails or omits to comply with the provisions Order 11 and is deemed to have violated the overriding objective as stipulated in Section 1A and 1B of the Act
			O. 11 r. 7 (4) introduces the Trial Conference Memorandum to be executed by parties at the conclusion of the Trial Conference setting out its results. Its prescribed form is as in Appendix E
			O. 11 r. 8 deems the Memorandum executed pursuant to O. 11 r. 7 (4) as a binding Consent Order.
XII	Admissions	12	Hearing and Consequence of Non-Attendance
			Substantive Changes	Numbering Changes
			Replaces the former O. IXB	Former Rule	New Rule
			O. IXB r. 1 (setting down suit for hearing) is deleted in light of O. 11 CPR 2010 above	O. IXB r. 2	O. 12 r. 1
				O. IXB r. 3	O. 12 r. 2
				O. IXB r. 4	O. 12 r. 3
				O. IXB r. 5	O. 12 r. 4
				O. IXB r. 6	O. 12 r. 5
				O. IXB r. 7	O. 12 r. 6
				O. IXB r. 8	O. 12 r. 7

XIII	Production, Impounding and Return of Documents	13	Admissions
			Substantive Changes	Numbering Changes
			Replaces the former O. XII	Former Rule	New Rule
			Rules 2, 3, 4, 5, 7, 8 and 9 of the former O. XII are deleted, and with the introduction of this Order, Order XII (Admissions) and XIV (Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon) have been substantially reduced.	O. XII r. 6	O. 13 r. 2


XIV	Settlement of Issues and Determination of Suit on Issues of Law or on Issues Agreed Upon	14	Production, Impounding and Return of Documents
			Substantive Changes	Numbering Changes
			Replaces the former O. XIII	Former Rule	New Rule
			The former O. XIII r. 8 (procedure) is repealed/deleted
			The former O. XIII r. 8 (procedure) is repealed/deleted


XV	Summoning and Attendance of Witnesses	15	Issues
			Substantive Changes	Numbering Changes
			Replaces the former O. XIV	Former Rule	New Rule
			Rule 1 (5), 1 (6), 2, 5, 6, and 7 of former O. XIV are repealed/deleted

XVI	Prosecution of Suits and Adjournments	16	Summoning and Attendance of Witnesses
	Prosecution of Suits and Adjournments		Substantive Changes	Numbering Changes
			Replaces the former O. XV	Former Rule	New Rule
			O. 16 r. 1 provides that summonses may be sought at any time before the Trial Conference under O. 11. The previous O. XV r. 1 allowed the same to be done at any time after instituting a suit	O. XVI r. 19	O. 16 r. 18
				O. XVI r. 20	O. 16 r. 19


XVII	Hearing of the Suit and Examination of Witnesses	17	Prosecution of Suits
			Substantive Changes	Numbering Changes
			Replaces the former O. XVI	Former Rule	New Rule
			O. 17 r. 1 (1) decrees that once a suit is set down for hearing it shall be heard from day to day and not adjourned unless the Court is satisfied that the same is just
			A new sub rule, O. 17 1 (2) is introduced which requires a Court that grants an adjournment to give a date for further hearing or directions
			Under O. 17 r. 2 (3) a party may apply to the Court to exercise its power to dismiss a suit in which no application has been made or step taken by either party for one year The previous O. XVI r. 2 (3) provided for dismissal of a suit by the Court for non-compliance with directions given under the Rule
			Rules 5 and 6 of the former O. XVI are repealed/deleted. With the introduction of this Order, the former Orders X (Interrogatories, Discovery & Inspection) and XI (Consolidation of Suits) have been deleted, and now that adjournments will not be contemplated once the Memorandum under Order 11 rule 7(4) (1) is signed, the word “Adjournment” has been deleted from Order 17 (formerly Order XVI). Standing over matters generally (“SOG”) shall no longer be allowed and if it is to adjourn the matter, the court shall be required fix a date for further action in court. Since the court shall now be in control of the proceedings, the provisions under which the parties would have applied for dismissal for want of prosecution no longer exist and failure to comply with directions given under this order may lead to dismissal of the suit.

XVIII	Affidavits	18	Hearing of the Suit and Examination of Witnesses
			Substantive Changes	Numbering Changes
			O. 18 r. 1 is amended to only read “The plaintiff shall have the right to begin unless the court otherwise orders”. The rest of the contents of the former O. XVII r. 1 are deleted	Former Rule	New Rule
				O. XVII r. 4	O. 18 r. 3
				O. XVII r. 5	O. 18 r. 4
				O. XVII r. 7	O. 18 r. 5
				O. XVII r. 8	O. 18 r. 6
			The courts are now empowered to limit the time taken for submissions by parties. It will also have powers to determine the mode of production of evidence. The previous O. XVII r. 2 (4) only gave such discretion to the High Court.	O. XVII r. 9	O. 18 r. 7
				O. XVII r. 10	O. 18 r. 8
				O. XVII r. 11	O. 18 r. 9
				O. XVII r. 12	O. 18 r. 10
				O. XVII r. 13	O. 18 r. 11

			The former O. XVII r. 3 (Evidence where several issues) is repealed/deleted
			O. 18 r. 4 deletes the proviso in the former O. XVII r. 5 and gives courts the option of using such recording processes and technology as may from time to time be approved. The transcript of such evidence when checked and approved by the judge is to constitute an official record
			The former O. XVII r. 14 (procedure) is repealed/deleted

XIX	Application for an Account	19	Affidavits
	Application for an Account		Substantive Changes	Numbering Changes
			Replaces the former O. XVIII	Former Rule	New Rule
				O. XVIII r. 9	O. 19 r. 8
				O. XVIII r. 8	O. 19 r. 9

XX	Judgment and Decree	20	Application for an Account
	Judgment and Decree		Application for an Account
			Substantive Changes	Numbering Changes
			Replaces the former O. XIX	Former Rule	New Rule
			A new rule 2 is introduced under this Order allowing a Defendant who has filed a counterclaim to apply for an account in against the plaintiff or any other enjoined party	O. XIX r. 2	O. 20 r. 3

			A new rule, O. 20 r. 4 allows a Court to, unless satisfied that there is some preliminary question to be tried, order that an account be taken and also order that any amount certified on taking the account as due to either party, and that it be paid to him within a specified period of time.

XXI	Execution of Decrees and Orders	21	Judgment and Decree
			Substantive Changes	Numbering Changes
			Replaces the former O. XX	Former Rule	New Rule
			O. 21 r. 1 amends the time for delivery of judgment to within 60 days from the conclusion of trial; further, if such judgment is not delivered within the said 60 days, the presiding officer shall record reasons for the delay a copy of which shall be forwarded to the Chief Justice. A date shall then be fixed immediately for the delivery of the judgment. The former O. XX r. 1 only prescribed 42 days. Under r 8 (5) the procedure for preparation of decrees either in the High Court or Subordinate Courts is now harmonised by importing the current High Court procedure to apply to matters before subordinate courts.	O. XXI r. 5A	O. 21 r. 6
				O. XXI r. 6	O. 21 r. 7
				O. XXI r. 7	O. 21 r. 8
				O. XXI r. 8	O. 21 r. 9
				O. XXI r. 9	O. 21 r. 10
				O. XXI r. 10	O. 21 r. 11
				O. XXI r. 11 O XXI r. 12	O. 21 r. 12 O. 21 r. 13
				O. XXI r. 14 O. XXI r. 15 O. XXI r. 16 O.XXI r. 17 O.XXI r. 18 O. XXI r. 19	O. 21 r. 15 O. 21 r 16 O. 21 r. 17 O. 21 r. 18 O. 21 r. 19 O. 21 r. 20
			O. 21 r. 20 introduces a new proviso to the previous O. XX r. 19 which allows parties to be furnished with certified copies of judgments and decrees without paying the requisite fees after showing sufficient cause




			O. XX r. 20 (procedure) is repealed/deleted


XXII	Attachment of Debts	22	Execution of Decrees and Orders
	Attachment of Debts		Substantive Changes	Numbering Changes
			Replaces the former O. XXI	Former Rule	New Rule
			O. 22 r. 6 requires applications for execution to be made in Form No. 14 of Appendix A The previous O. XXI r. 6 prescribed Form No. 5 of Appendix D	O. XXI r.12 (i)	O. 22 r. 12 (a)
				O. XXI r. 12 (ii)	O. 22 r. 12 (b)
				O.XXI r. 30	O. 22 r. 29
				O.XXI r. 31	O. 22 r. 30
				O.XXI r. 32	O. 22 r. 31
				O.XXI r. 33	O. 22 r. 32
			The proviso to O. XXI r. 45 (c) is repealed/deleted	O.XXI r. 34	O. 22 r. 33
			Objection proceedings this Order provide that an order of stay of execution is no longer automatic as was upon lodging of the notice. In order to expedite the objection proceedings the notice must be lodged together with application and supporting affidavit, which must be served within 7 days of lodging on all the parties. Upon receipt of such the notice and application the court is empowered to order stay but not for more than 14 days. The attaching creditor is to be notified to intimate whether he intends to proceed within 7 days. If he intends to proceed the intimation is likewise to be accompanied by a replying affidavit and the application is to be dealt with expeditiously. These provisions are meant to expedite the objection proceedings and to prevent abuse of the process of court normally associated with the said proceedings. O. 22 r. 52 therefore now limits the stay of execution previously provided for under O. XXI r. 54 to not more than 14 days and reduces the period within which an attaching creditor is to intimate whether he intends to proceed with execution from15 days to 7 days	O.XXI r. 35	O. 22 r. 34
				O.XXI r. 36	O. 22 r. 35
				O.XXI r. 37	O. 22 r. 36
				O.XXI r. 38	O. 22 r. 37
				O.XXI r. 39	O. 22 r. 38
				O.XXI r. 40	O. 22 r. 39
			O. 22 r. 54 now requires that an intimation by an attaching creditor of his intention to proceed must be accompanied by a replying affidavit and that the Objector’s application be heard expeditiously.	O.XXI r. 41	O. 22 r. 40
				O.XXI r. 42	O. 22 r. 41
				O.XXI r. 43	O. 22 r. 42
				O.XXI r. 44	O. 22 r. 43
				O.XXI r. 45	O. 22 r. 44
			The former O. XXI r. 57 (procedure) and O.XXI r. 58 (objector failing to proceed) are repealed/deleted	O.XXI r. 46	O. 22 r. 45
				O.XXI r. 47	O. 22 r. 46
				O.XXI r. 48	O. 22 r. 47
			O. 22 r. 57 now requires that an advertisement notifying sale by public auction be in Form No. 15 of Appendix A. Previously O. XXI r. 61 (6) prescribed Form No. 38 of Appendix D.	O.XXI r. 49	O. 22 r. 47

				O.XXI r. 50	O. 22 r. 49
				O.XXI r. 52	O. 22 r. 50
				O.XXI r. 53	O. 22 r. 51
				O.XXI r. 54	O. 22 r. 52
				O.XXI r. 55	O. 22 r. 53
			The former O.XXI r. 91 (procedure) is repealed/deleted	O.XXI r. 56	O. 22 r. 54
				O.XXI r. 59	O. 22 r. 55
				O.XXI r. 60	O. 22 r. 56
				O.XXI r. 61	O. 22 r. 57
				O.XXI r. 62	O. 22 r. 58
				O.XXI r. 63	O. 22 r. 59
				O.XXI r. 64	O. 22 r. 60
				O.XXI r. 65	O. 22 r. 61
				O.XXI r. 66	O. 22 r. 62
				O.XXI r. 67	O. 22 r. 63
				O.XXI r. 68	O. 22 r. 64
				O.XXI r. 69	O. 22 r. 65
				O.XXI r. 70	O. 22 r. 66
				O.XXI r. 71	O. 22 r. 67
				O.XXI r. 72	O. 22 r. 68
				O.XXI r. 73	O. 22 r. 69
				O.XXI r. 74	O. 22 r. 70
				O.XXI r. 75	O. 22 r. 71
				O.XXI r. 76	O. 22 r. 72
				O.XXI r. 77	O. 22 r. 73
				O.XXI r. 78	O. 22 r. 74
				O.XXI r. 79	O. 22 r. 75
				O.XXI r. 80	O. 22 r. 76
				O.XXI r. 81	O. 22 r. 77
				O.XXI r. 82	O. 22 r. 78
				O.XXI r. 83	O. 22 r. 79
				O.XXI r. 84	O. 22 r. 80
				O.XXI r. 85	O. 22 r. 81
				O.XXI r. 86	O. 22 r. 82
				O.XXI r. 87	O. 22 r. 83
				O.XXI r. 88	O. 22 r. 84
				O.XXI r. 89	O. 22 r. 85
				O.XXI r. 90	O. 22 r. 86

XXIII	Death, Bankruptcy and Marriage of Parties	23	Attachment of Debts
			Substantive Changes	Numbering Changes
			Replaces the former O. XXII.	Former Rule	New Rule
			O. 23 r. 1 (4) prescribes that an order nisi be in Form No. 16 of Appendix A Previously O. XXII r.1 (4) prescribed Form No. 15 of Appendix D
			The former O. XXII r. 10 (procedure) is repealed/deleted

XXIV	Withdrawal, Discontinuance and Adjustment of Suits	24	Death and Bankruptcy of Parties
			Substantive Changes	Numbering Changes
			Replaces the former O. XXIII Since this Order which replaces O. XXIIA does not deal with the subject of ‘marriage of parties’, the word ‘marriage’ has been deleted from its title.	Former Rule	New Rule
			O. 24 R. 3 (2) introduces a new proviso that allows the Court to extend time after the abatement of a suit for good reason on application	O. XIII r. 7	O. 24 r. 6
				O. XIII r. 8	O. 24 r. 7
				O. XIII r. 9	O. 24 r. 8
				O. XIII r. 10	O. 24 r. 9
			The former O. XXIII r. 12 (procedure) is repealed/deleted	O. XIII r. 11	O. 24 r. 10


XXV	Security for Costs	25	Withdrawal, Discontinuance and Adjustment of Suits
			Substantive Changes	Numbering Changes
			Replaces the former O. XXIV	Former Rule	New Rule


XXVI	Payment into Court and Tender	26	Security for Costs
			Substantive Changes	Numbering Changes
			Replaces the former O. XXV	Former Rule	New Rule
			The former O. XXV r. 6 (procedure) is repealed/deleted	O. XXV r. 7	O. 26 r. 6


XXVII	Commissions and References	27	Payment into Court and Tender
			Substantive Changes	Numbering Changes
			Replaces the former O. XXVI	Former Rule	New Rule
			O. 27 r. 1 (3) now requires that a notice of payment into Court to be in Form No. 19 of Appendix A; and a notice from the Registrar increasing the amount to be paid into court to be in Form No. 20 of Appendix A Previously, the former O. XXVI r. 1 (3) prescribed Form No 29 and 29A of Appendix A for the same	O. XXVI r. 10	O. 27 r. 9
				O. XXVI r. 11	O 27 r. 10 (1) and (2)

			O. 27 r. 2 now requires a notice acceptance of monies paid into Court to be in Form No.21 of Appendix A Previously, the former O. XXVI r. 2 prescribed Form No. 30 for the same
			The former O. XXVI r. 12 (procedure) is repealed/deleted

XXVIII	Proceedings by or Against the Government	28	Commission and References
			Substantive Changes	Numbering Changes
			Replaces the former O. XXVI	Former Rules	New Rules
			The former O. XXVII r. 4 (2) is repealed/deleted	O. XXVII r. 3	O. 27 r. 2
			The former O. XXVII r. 20 (procedure) is repealed/deleted	O. XXVII r. 4	O. 27 r. 3
				O. XXVII r. 5	O. 27 r. 4
				O. XXVII r. 6	O. 27 r. 5
				O. XXVII r. 7	O. 27 r. 6
				O. XXVII r. 8	O. 27 r. 7
				O. XXVII r. 10	O. 27 r. 8
				O. XXVII r. 11	O. 27 r. 9
				O. XXVII r. 12	O. 27 r. 10
				O. XXVII r. 13	O. 27 r. 11
				O. XXVII r. 14	O. 27 r. 12
				O. XXVII r. 15	O. 27 r. 13
				O. XXVII r. 16	O. 27 r. 14
				O. XXVII r. 17	O. 27 r. 15
				O. XXVII r. 18	O. 27 r. 16
				O. XXVII r. 19	O. 27 r. 17
				O. XXVII r. 21	O. 27 r. 18

XXIX	Suits By or Against Firms and Persons Carrying on Business in Names Other than their Own	29	Proceedings by or against the Government
			Substantive Changes	Numbering Changes
			Replaces the former O. XXVIII	Former Rules	New Rules
			Apart from the change in numbering in r. 2(2) (formerly r. 2(2)) of Order XVIII , which changes arose out of the rearrangement of the Orders Rules, Order 40 on ‘Temporary Injunctions and Interlocutory Orders’ has been added to bring these Orders into conformity with the Provisions of the Government Proceedings Act (Cap 40). O. 29 r. 3 now requires a Certificate relating to the satisfaction of orders against the Government to be in either Form No. 22 or 23 of Appendix A The previous O. XXVIII prescribed Form No. 24 or 25 of Appendix C for the same	O. XXVIII r. 4	O. 29 r. 4 (a) and 4 (b)


			The former O. XXVIII r. 3 (c) is repealed/deleted

XXX	Suits by or Against Trustees, Executors, and Administrators	30	Suits By or Against Firms and Persons Carrying on Business in Names Other than their Own

			Substantive Changes	Numbering Changes
			Replaces the former O. XXIX	Former Rules	New Rules
			The former O. XXIX r. 10 (procedure) is repealed/deleted

XXXI	Suits By or Against Minors and Persons of Unsound Mind	31	Suits by or Against Trustees, Executors, and Administrators
			Substantive Changes	Numbering Changes
			Replaces the former O. XXX	Former Rules	New Rules
			The former O. XXX r. 4 (procedure) is repealed/deleted


XXXII	Suits by Paupers	32	Suits By or Against Minors and Persons of Unsound Mind
			Substantive Changes	Numbering Changes
			Replaces the former O. XXXI	Former Rules	New Rules


XXXIII	Interpleader	33	Suits by Paupers
			Substantive Changes	Numbering Changes
			Replaces the former O. XXXII	Former Rules	New Rules
			The former O. XXXIII r. 18 (procedure) is repealed/deleted

XXXIV	Proceedings by Agreement of Parties	34	Interpleader
			Substantive Changes	Numbering Changes
			Replaces the former O. XXXIII	Former Rules	New Rules


XXXV	Summary Procedure	35	Proceedings by Agreement of Parties
			Substantive Changes	Numbering Changes
			Replaces the former O. XXXIV	Former Rules	New Rules


XXXVI	Originating Summons	36	Summary Procedure
			Substantive Changes	Numbering Changes
			Replaces the former O. XXXV	Former Rules	New Rules
			O. 36 has been amended in rule 1(1) to provide that applications for summary judgment be made after appearance has been entered but before defence is filed. This is meant to avoid late applications for summary judgments in this particular instance, and O 36 r 1 (1) (b) therefore amends the former O. XXXV r. 1 (1) (b) by including the words “but not filed a defence” after the word “appeared”.
			O. 36 r. 4 amends the former O. XXXV r. 4 by deleting the words “who has not already filed his defence”
			O. 36 r. 9 replaces Forms No. 3A and 3B of Appendix A previously prescribed by the former O. XXXV r. 9 with Forms No. 24 and 25 of Appendix A. Ideally applications for summary judgments should never be dismissed if the application meets the laid down requirements. The court will be expected to either grant conditional or unconditional leave to defend. However, the applicant does not establish his case or where he knows that the defendant’s contention entitles him to unconditional leave to defend, the court may dismiss the application with costs to be paid forthwith. The defendant shall thus be required to show by affidavit or oral evidence that leave to defend should be given. The word “otherwise” was thus deleted form the rule.

XXXVII	Selection of Test Suit	37	Originating Summons
			Substantive Changes	Numbering Changes
			Replaces the former O. XXXVI	Former Rules	New Rules
			O. 37 r. 6 (2) amends the previous O. XXXVI r. 3C (2) by removing the requirement to file an affidavit in support of an application brought under Section 27 of the Limitation of Actions Act made after the filing of a suit	O. XXXVI r. 3A	O. 37 r. 4
				O. XXXVI r. 3B	O. 37 r. 5
			The former O. XXXVI r. 3E (Application for permission to marry underage) is repealed/deleted	O. XXXVI r. 3C	O. 37 r. 6
				O. XXXVI r. 3D	O. 37 r. 7
			O. 37 r. 14 replaces the Forms No. 13 and 13A of Appendix B previously prescribed under the former O. XXXVI r. 7 with Forms No. 26 and 27 of Appendix A
				O. XXXVI r. 3F	O. 37 r. 8
				O. XXXVI r. 3G	O. 37 r. 9
			O. 37 r. 16 amends the previous O. XXXVI r. 8A by obliging the Registrar to list an Originating Summons for directions within thirty days of its filing. The said O. XXXVI r. 8A previously provided that parties apply for the summons to be listed for directions	O. XXXVI r. 5	O. 37 r. 11
				O. XXXVI r. 5A	O. 37 r. 12
				O. XXXVI r. 6	O. 37 r. 13
				O. XXXVI r. 7	O. 37 r. 14
				O. XXXVI r. 8	O. 37 r. 15
				O. XXXVI r. 8A	O. 37 r. 16
			O. 37 r. 18 provides that if parties are not agreed as to the correctness or sufficiency of facts set out in the Summons, a Judge may order that it be supported by further affidavit at the time for directions The Former O. XXXVI r. 9 provided for the same on the hearing of the Summons	O. XXXVI r. 8B	O. 37 r. 17
				O. XXXVI r. 9	O. 37 r. 18
				O. XXXVI r. 10	O. 37 r. 19
				O. XXXVI r. 11	O. 37 r. 20

			O. 37 r. 19 (2) provides that where the Court orders that the hearing of a Summons proceed as if the cause had been commenced by Plaint, O. 11 shall apply The Former O. XXXVI r. 10 (20) provided that O. LI would apply
			The former O. XXXVI r. 12 (procedure) is repealed/deleted

XXXVIII	Arrest and Attachment Before Judgment	38	Selection of Test Suit
			Substantive Changes	Numbering Changes
			Replaces the former O. XXXVII	Former Rule	New Rule




XXXIX	Temporary Injunctions and Interlocutory Orders	39	Arrest and Attachment Before Judgment
			Substantive Changes	Numbering Changes
			Replaces the former O. XXXVIII	Former Rule	New Rule
			O. 39 r. 4 (a) substitutes the amount “Kenya Shillings ten thousand” in place of the “five pounds” previously provided for under the former O. XXXVIII r. 4

			The former O. XXXVIII r. 12 (procedure) is repealed/deleted

XL	Appointment of Receivers	40	Temporary Injunctions and Interlocutory Orders
			Substantive Changes	Numbering Changes
			Replaces the former O. XXXIX	Former Rule	New Rule
			The former O. XXXIX r. 3 (2) previously provided that the same could only be granted once for 14 days and not extended thereafter	O. XXXIX r. 2	O. 40 r. 2(1)
				O. XXXIX r. 2A (1)	O. 40 r. 2(2)
				O. XXXIX r. 2A (2)	O. 40 r. 3(1)

				O. XXXIX r. 2A (3)	O. 40 r. 3(1)
				O. XXXIX r. 3	O. 40 r. 4
				O. XXXIX r. 4	O. 40 r. 7
				O. XXXIX r. 5	O. 40 r. 8
				O. XXXIX r. 6	O. 40 r. 9
				O. XXXIX r. 7	O. 40 r. 10
				O. XXXIX r. 8	O. 40 r. 11
			O. 40 r. 4 (3) amends the former O. XXXIX r. 3 (3) to provide that any injunction granted lapses if the order is not served within the period provided for service (3 days)
			A new paragraph, O. 40 r. 4 (4) is introduced which requires Applications under the order to be heard within 60 days unless the Court extends the period for good reason. The court can only achieve this time limitation by: Ensuring that parties are given strict time lines to file their affidavits, exchange submissions and with the paginated authorities. Limit the length of written submissions. After all, injunctions are not a mystery to anyone as we are dealing with an interlocutory application. Strict time limits for highlighting submissions must be imposed and the time lines observed. Advocates must now learn to be brief in submissions. Highlighting does not mean rehashing the evidence in the Affidavits in extenso and dictating submissions. The court will read the submissions. For the court to achieve the time lines, the rulings should be concise and deal with the salient issues necessary to determine the injunction application according to established principles.
			A new rule, O. 40 r. 5, is introduced which requires the Court to give a ruling after inter partes hearing or within 30 days from the date of hearing. Reasons for failure to deliver the ruling within the prescribed period are to be recorded and a ruling date fixed

			The former O. XXXIX r. 9 (procedure) is repealed/deleted

XLI	Appeals	41	Appointment of Receivers
			Substantive Changes	Numbering Changes
			Replaces the former O. XL	Former Rule	New Rule
			A new rule, O.41 r.5 allows the Court, either on its own motion or on application by any interested party to remove a Receiver

XLII	Appeal from Orders	42	Appeals
			Substantive Changes	Numbering Changes
			Replaces the former O. XLI	Former Rule	New Rule
			A new rule, O. 42 r. 11 requires an appellant who has filed an appeal to cause a matter to be listed for directions under S. 79 B of the Civil Procedure Act	O. XLI r. 1A	O. 42 r. 2
				O. XLI r. 1B	O. 42 r. 3
				O. XLI r. 2	O. 42 r. 4
				O. XLI r. 3	O. 42 r. 5
			Paragraph (g) of the former O. XLI r. 8B (4) is now repealed. Under rule 13 it is now the duty of the appellant to cause the appeal to be listed for direction on notice (before then it was only the court that was empowered to do so).	O. XLI r. 4	O. 42 r. 6
				O. XLI r. 5	O. 42 r. 7
			O. 42 r. 16 replaces the provisions of the former O. XLI r. 10A and allows parties to file their written submissions in the event they do not intend to appear personally or by advocate at the hearing of the appeal. They should have filed a written declaration to that effect. The same are to be served on the other parties to the appeal within 7 days after lodging the same. Under sub rule (2) of the said O. 42 r. 16, a party who has lodged written submissions may, with leave of the Court, address the Court at the hearing of the Appeal The former rule 25 was in conflict with section 69 of the Civil Procedure Act, wherein it was provided that where a conflict of opinion arises between only two judges hearing appeal, a re-hearing shall be ordered, as opposed to the rule which stipulated that the appeal is to be dismissed.	O. XLI r. 6	O. 42 r. 8
				O. XLI r 7	O. 42 r. 9
				O. XLI r. 8	O. 42 r. 10
				O. XLI r. 8A	O. 42 r. 12
				O. XLI r. 8B	O. 42 r. 13
				O. XLI r. 9	O. 42 r. 14
				O. XLI r. 10	O. 42 r. 15
				O. XLI r. 10A	O. 42 r. 16
				O. XLI r. 11	O. 42 r. 17
				O. XLI r. 12	O. 42 r. 18
				O. XLI r. 13	O. 42 r. 19
				O. XLI r. 14	O. 42 r. 20
				O. XLI r. 16	O. 42 r. 21
			O. 42 r. 29 replaces the word “points” used in the former O. XLI r. 24 with the word “limits”	O. XLI r. 17	O. 42 r. 22
				O. XLI r. 18	O. 42 r. 23
			The former O. XLI r. 32 (procedure) is repealed	O. XLI r. 19	O. 42 r. 24
				O. XLI r. 20	O. 42 r. 25
				O. XLI r. 21	O. 42 r. 26
				O. XLI r. 22	O. 42 r. 27
				O. XLI r. 23	O. 42 r. 28
				O. XLI r. 24	O. 42 r. 29
				O. XLI r. 25	O. 42 r. 30
				O. XLI r. 26	O. 42 r. 31
				O. XLI r. 27	O. 42 r. 32
				O. XLI r. 28	O. 42 r. 33
				O. XLI r. 30	O. 42 r. 34
				O. XLI r. 31	O. 42 r. 35

XLIII	Pauper Appeals	43	Appeals from Orders
			Substantive Changes	Numbering Changes
			Replaces the former O. XLII	Former Rule	New Rule
			The former O. XLII r.1 (4) is repealed/deleted	O. XLII r.1 (5)	O. 43 r. 1 (4)

XLIV	Review	44	Pauper Appeals
			Substantive Changes	Numbering Changes
			Replaces the former O, XLIII	Former Rule	New Rule
			The former O. XLIII r. 3 (procedure) is repealed/deleted

XLV	Arbitration Under Order of a Court	45	Review
			Substantive Changes	Numbering Changes
			Replaces the former O. XLIV	Former Rule	New Rule
				O. XLIV r. 2	O. 45 r. 2 (1)
				O. XLIV r. 4 (1)	O. 45 r. 2 (2)
				O. XLIV r. 4 (2)	O. 45 r.2 (3)
				O. XLIV r. 5	O. 45 r. 4
				O. XLIV r. 6	O. 45 r. 5
				O. XLIV r. 7	O. 45 r. 6

XLVI	District Registries	46	Arbitration under Order of a Court and Other Alternative Dispute Resolution
			Substantive Changes	Numbering Changes
			Replaces the former O. XLV The heading of this Order now caters for Arbitration and other Alternative Dispute Resolution Techniques	Former Rule	New Rule
			O. 46 r. 10 now requires that an arbitral award be dated by the persons making it, while the former O. XLV r. 10 only required that the award be only signed and filed.	O. XLV r. 10A	O. 46 r. 11
				O. XLV r. 11	O. 46 r. 12
				O. XLV r. 12	O. 46 r. 13
				O. XLV r. 13	O. 46 r. 14
				O. XLV r. 14	O. 46 r. 15
			O. 46 r. 11 (1) requires the Registrar to notify the parties of the filing of the award, within 14 days of the filing and to specify the date and time for the reading of the award.	O. XLV r. 15	O. 46 r. 16
				O. XLV r. 16	O. 46 r. 17
				O. XLV r. 17	O. 46 r. 18
				O. XLV r. 18	O. 46 r. 19
			O. 46 r. 11 (2) further requires the Registrar to read the award within 30 days of the notice given under r. 11(1) above
			O. 46 r. 19 prescribes Forms No. 28 to 32 of Appendix A in place of Forms No. 12 to 16 of Appendix G previously prescribed under the former O. XLV r. 18
			The former O. XLV r, 19 (procedure) is deleted
			A new rule, O. 46 r. 20, is introduced, and it now allows for the parties to resort to other forms of ADR. If no solution is to be found in the said procedure, the matter is to be disposed of as a normal suit in the aforesaid manner. The court may either on its own motion or on request by parties adopt and implement any other appropriate means of dispute resolution (including mediation) for the attainment of the overriding objective set out in Section 1A and 1B of the Civil Procedure Act.

XLVII	Miscellaneous	47	District Registries
			Substantive Changes	Numbering Changes
			Replaces the former O. XLVI	Former Rule	New Rule
			The former O. XLVI r. 5A (place of trial in proceedings by or against the Government) is repealed/deleted, and in the circumstances the rule that required that all suits against the Government be heard at the High Court in the Central Registry is now dispensed with.	O. XLVI r. 4A	O. 47 r. 5
				O. XLVI r. 5	O. 47 r. 6
				O. XLVI r. 6	O. 47 r. 7
			O. 47 r.10 amends the previous O. XLVI r.9 (1) by requiring that the District Registrar endorse and forward documents to the High Court Registry in his area for hearing and disposal	O. XLVI r. 7	O. 47 r. 8
				O. XLVI r. 8	O. 47 r. 9
				O. XLVI r. 9	O. 47 r. 10

			The former O. XLVI r. 9(2) is repealed/deleted.

XLVIII	Special Powers of Registrars	48	Miscellaneous
			Substantive Changes	Numbering Changes
			Replaces the former O. XLVII

XLIX	Time	49	Special Powers of Registrars
			Substantive Changes	Numbering Changes
			Replaces the former O. XLVIII	Former Rule	New Rule
				O. XLVIII r. 2A	O.49 r. 3
				O. XLVIII r. 2B	O.49 r. 4
				O. XLVIII r. 3	O.49 r. 5
				O. XLVIII r. 4	O.49 r. 6
				O. XLVIII r. 5	O.49 r. 7

L	Motions and Other Applications	50	Time
			Substantive Changes	Numbering Changes
			Replaces the Former O. XLIX	Former Rule	New Rule
			O. 50 r. 4 amends the former O. XLIX r. 3A by substituting the word “sixth” with “thirteenth”	O. XLIX r. 3A	O. 50 r. 4
				O. XLIX r. 4	O. 50 r. 5
				O. XLIX r. 5	O. 50 r. 6
				O. XLIX r. 6	O. 50 r. 7
				O. XLIX r. 7	O. 50 r. 8
				O. XLIX r. 8	O. 50 r. 9

LI	Summons for Directions	51	Applications
			Substantive Changes	Numbering Changes
			Replaces the former O. L.	Former Rule	New Rule
			The former O. L r. 7 (summons to be heard in chambers) is repealed/deleted	O. L r. 1A	O. 51 r. 2
				O. L r. 2	O. 51 r. 3
			The former O. L r. 9 (costs) is repealed/deleted	O. L r. 3	O. 51 r. 4
			The former O. L r. 11 (application in chambers instead of in Court) is repealed/deleted	O. L r. 4	O. 51 r. 5
				O. L r. 5	O. 51 r. 6
			A new sub rule, O. 51 r. 10 (2) is introduced decreeing that no application will be defeated on a technicality or for want of form that does not affect its substance	O. L r. 6	O. 51 r. 7
				O. L r. 8	O. 51 r. 8
				O. L r. 10	O. 51 r. 9
			A new sub rule, O. 51 r. 13 (3) is introduced requiring an applicant to serve his application together with a list of authorities not less than 7 clear days before the date of hearing	O. L r. 12	O. 51 r. 10
				O. L r. 13	O. 51 r. 11
				O. L r. 14	O. 51 r. 12
				O. L r. 15	O. 51 r. 13
			O. 51r.16 amends the former O. L r. 18 by allowing the Court to limit the time for oral submissions and allow filing of written submissions	O. L r. 16	O. 51 r. 14
				O. L r. 17	O. 51 r. 15
				O. L r. 18	O. 51 r. 16
			All references to ‘motions’ and ‘summons’ are replaced with the word ‘application’. _______________________________________________ A party who wishes to oppose the application shall now be at liberty to file any or either of notice of preliminary objection, replying affidavit and/or grounds of opposition. The same shall be filed with the list of authorities not less than 3 days before hearing.

LII	The Advocates Act	52	The Advocates Act
			Substantive Changes	Numbering Changes
			Replaces the former O. LII	Former Rule	New Rule


LIII	Applications for Judicial Review	53	Applications for Judicial Review
			Substantive Changes	Numbering Changes
			As a result of deletion of Order 51 (Summons for Directions) Order 53 retains the same number.	Former Rule	New Rule
			The previous O.LIII r. 1 (3) requiring that Notice be served upon the Registrar at least a day prior to the filing of an application for leave to apply for judicial review has been repealed. A new sub rule, O. 53 r. 1 (3), is split from the former O. LIII r. 1(2) “The judge may, in granting leave, impose such terms as to costs and as to giving security as he thinks fit including cash deposit, bank guarantee or insurance bond from a reputable institution.”
			A proviso is introduced to O. 53 r. 1 (4) to the effect that where circumstances so require, a judge may direct that an application for judicial review be served for hearing inter partes before grant of leave. The court which can hear applications for leave ex parte is now empowered to direct that the limb seeking stay be heard inter partes within 7 days of the filing of the application.

		54	Revocation and Transitional Provisions
			Substantive Changes
			O. 54 r. 1 revokes the former O. 54 r. 2 and it sets out the provisional provisions, the proviso thereto
			providing that the former Rules shall apply if the application of CPR 2010 to ongoing proceedings proves impracticable; it further empowers the Chief Justice to issue practice notes or directions on the procedure to be adopted in the event of difficulty or any doubt.

PROPOSED AMENDMENTS TO THE CIVIL PROCEDURE RULES, 2010

Following the inauguration of the above Rules, the committee invited responses from several sectors and as a follow up it set up a sub-committee to consider the said responses, and where appropriate to recommend amendments.

The said sub-committee held its meetings in February this year and recommended that the Rules be amended in the following manner.

ITEM	ORDER	AMENDMENT	(FORMS)	TITLE	ACTION
1.	Order 1 R10(1)		Insert Form 4 on appendix A	NOTICE TO PERSON WHOM, THE COURT CONSIDERS, SHOULD BE ADDED AS CO-PLAINTIFF
1.	Rule 15 (3)	Delete the word ‘‘filed’’ and “service” to read ‘‘be served within 14 days of leave’’
2.	Order 5 R 1 (6)	Delete “or notification whichever is later”
	Rule 3 (b) (ii)	Delete “postal address” insert “registered office or physical address”
	Rule 18		Insert Form 6 - A	ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PRISONER
3.	Rule 19 (1) Order 5 R 22(d)	Delete “neither a common wealth citizen nor residing within the commonwealth” Insert “ not resident”	Insert Form 7 - A	ORDER FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A PUBLIC SERVANT OR SOLDIER
	Rule 22(2)	Delete “30”
	Rule 25	Delete “a commonwealth citizen or British protected person or not” Insert “ not resident”
	Rule 28(1)	Deleted
	Rule 27	Re-arranged to 27(1) and rule 28(2) becomes 27(2)
	Rule 29	To read Rule 28
	Rule 30	To read 29
	Rule 31	To read 30
	Rule 30	Adjusted accordingly

4.	Order 11
5.	Order 12 Rule 1 and 3		Insert F 14 – A	HEARING NOTICE
6.	Order 16 Rule 1		Insert F15 –A	SUMMONS TO WITNESS
	Rule 10(1)		Insert F16, 17, 18, 19, Appendix A	PROCLAMATION REQUIRING ATTENDANCE OFWITNESS,WARRANT OF ATTACHMENT OF PROPERTY OFWITNESS,WARRANT OF ARREST OF WITNESS
	Rule 10(3)		Insert F 20,21 Appendix A	WARRANT OF COMMITTAL,
	Rule 17		Insert F21 Appendix A	WARRANT OF COMMITTAL
7.	Order 21 Rule 7(1) & (2)		Insert F 1 Appendix C	DECREE IN ORIGINAL SUIT
	Rule 9 (1)(C)	Delete “under Section 68 A of the Advocates (Remuneration Order)”
	Rule 13		F 3 Appendix C	MISSING
	Rule 14(1)		Insert F 17 Appendix C	PRELIMINARY DECREE IN AN ADMINISTRATION SUIT
8.	Order 22 Rule 2(1)		Insert F 1 Appendix D	Execution
	Rule 4		Insert F 2,3 & 4 Appendix D	Order sending decree for execution to another court, Certificate of non-satisfaction of decree, Certificate of execution of decree transferred to another court.
	Rule 7 (2)(j)(ii)	Insert “of any movable” after the word sale, Insert” immovable” after the word “property”
	Rule 26		Insert F 7 Appendix D	Warrant of attachment of movable property in execution of a decree for money
	Rule 27(1)		F 8 Appendix D	Warrant for seizure of specific movable property adjudged by decree
	Rule 29(1)		F 9 Appendix D	Warrant to the bailiff to give possession of land, etc
	Rule 31(1)		Insert F 10 Appendix D	Notice to show course why warrant of arrest should not issue
	Rule 32		Insert form 11 Appendix D	Warrant of arrest in execution
	Rule 34		Insert form 12 Appendix D	Warrant of committal of Judgment-Debtor to jail
	Rule 38		Insert F 7 Appendix D	Warrant of attachment of movable property in execution of a decree for money
	Rule 40		Insert F 14 & F 16 Appendix D	Attachment in execution-Prohibitory order where property to be attached consists of movable property. Prohibitory order where property consists of shares in the capital of corporation
	Rule 42		Insert F 17 Appendix D	Order to attach salary
	Rule 45		Insert F 18 Appendix	Order attachment of negotiable instrument
	Rule 46		Insert F 19 Appendix D	Attachment –prohibition order where the property consists of money or any security in the custody of a court of justice or officer of government
	Rule 47		Insert F 20 & F21 Appendix D	Notice of attachment of a decree to the court which passed it. Notice of attachment of a decree to the holder of the decree.
	Rule 48		Insert F 21 Appendix D	Notice of attachment of a decree to the holder of the decree.
	Rule 51(1)		Insert F21 Appendix D	Notice of attachment of a decree to the holder of the decree.
	Rule 52		Insert F 24 Appendix D	Notice to attaching creditor
	Rule 57		Insert F 25, 26, 27, 28 Appendix D	Warrant of sale of property in execution of decree for money, notice of the day fixed for settling a sale notification, notification of sale,
	Rule 60		Insert F 29 Appendix D	Certificate by officers holding a sale of the deficiency of price on a re-sale of property by reason of the purchaser’s default
	Rule 66		Insert F 30 D & 31 D Appendix D	Notice to person in possession of movable property sold in execution Prohibitory order against the transfer of shares sold in execution
	Rule 75		Insert F 32 Appendix D	Notice to show cause why sale should not be set aside
	RULE 76		Insert F 33 Appendix D	Notice to show cause why sale should not be aside
	Rule 77		Insert F32 & 33 Appendix D
	Rule 79		Insert F 34 Appendix D
	Rule 81		Insert F 35 Appendix D
	Rule 82		Insert F 36 Appendix D
	Rule 83		Insert F 37 Appendix D	Warrant of committal

	Rule 82		Insert F 36 Appendix D
	Rule 83		Insert F 37 Appendix D	Warrant of committal
9.	Order 23
	Rule 1(1)		Insert F 15 Appendix D	Attachment of Debt
	Rule 8		Insert F 15 Appendix D	Attachment of Debt
10.	Order 24 Rule 4(1)		Insert F 5 Appendix A	Summons to legal representative of a deceased defendant
11.	Order 27 Rule 1(1)		Insert F 29 & 29A Appendix A	Notice of payment into court Notice of increase of payment into court
12.	Order 28 Rule 3	Insert “3(2)” which is the equivalent of Order 27 R 1 of the old rules.	Insert F 6 Appendix G	Commission To Examine Absent Witness
	Rule 7		Insert F 7 Appendix G	Commission for a local investigation or to examine accounts
	Rule 9		Insert F 7 Appendix G	Commission for a local investigation or to examine accounts
	Rule 11		Insert F 8 Appendix G	Commission to make a partition
	Rule 16		Insert F 6 Appendix G	Commission to examine absent witness
13.	Order 32 Rule 3(1)		Insert F9 Appendix G	Notice to minor defendant and guardian
14.	Order 33 Rule 7(1)		Insert F 10 Appendix G	Notice to opposite party of day fixed for hearing evidence of pauperism
15.	Order 35 Rule 5(1)	Delete “10B” Insert “11”
16.	Order 37 Rule 17		Insert F 13 B Appendix B	Order of reference
17.	Order 39 Rule 1		Insert F 1 Appendix E	Warrant of arrest before judgment
	Rule 2		Insert F 2 Appendix E	Security for appearance of a defendant arrested before judgment
	Rule 3(2)		Insert F3 Appendix E	Summons to defendant to appear on surety’s application for discharge
	Rule 4		Insert F 4 Appendix E	Order for committal
	Rule5 (1)		Insert F 5, F6 Appendix E	Attachment before judgment, with order to call for surety for fulfillment of decree Security for the production of property
	RULE6(1)		Insert F 7 Appendix E	Attachment before judgment, on proof of failure to furnish security
18.	Order 40 Rule(1)		Insert F 8 Appendix E	Temporary injunctions
	Rule 4(2)	Add “unless the court for good reasons directs otherwise” at the end.
19.	Order 41 Rule 1(1)		Insert F 9 Appendix E	Appointment of receiver
	Rule 3		Insert F 10 Appendix E	Bond to be given by receiver
20.	ORDER 42 RULE 1(2)		Insert F 1 Appendix F	Memorandum of appeal
	RULE6(1)		Insert F2 Appendix F	Security bond to given on order being made to stay execution of decree
	Rule 7(1)		Insert F3 Appendix F	Security bond to be given during the pendency of appeal
	Rule 14(1)		Insert F 4 Appendix F	Security for costs of appeal
	Rule 15(1)		Insert F 5 Appendix F	Intimation to lower court of admission of appeal
	Rule 17 & 18		Insert F 6 Appendix F	Notice to respondent of the day fixed for the hearing of the appeal
	Rule 33		Insert F 8 Appendix F	Decree of appeal
21.	ORDER 44 Rule 1		Insert F 9 & 10 Appendix F	Application to appeal in Forma Pauperis Notice of appeal in Forma Pauperis
22.	ORDER 45 Rule 3		Insert F 11 Appendix F	Notice to show cause why a review should not be granted
23.	ORDER 46 Rule 5(1)		Insert F 14 Appendix G	Order for appointment of new arbitrator
	Rule 10		Insert F 16 Appendix G	Award
	Rule 11(1)		Insert F 15 Appendix G	Special case
24.	ORDER 51 Rule 4		Insert F 3 Appendix A	Notice of Motion
	Rule 14	Delete ”t” after the word file
25.	Order 53 Rule 1(1) Rule 1(2) Rule 1(3)	Add the letter ”e” to read “therefore” Delete the words “relied on” and add, the words “and averment that there is no other course pending, and that there have been no previous proceedings in any court between the applicant and the respondent over the same subject matter and that the course of action relates to the applicants named in the application” Delete the word “leave” and substitute with the word “stay”
	Rule 3(3)	Under rule 3(3) add rule 3(4) to read “an averment that there is no other suit pending and that there have been no previous proceedings in any court between the plaintiff and the defendant over the same subject matter and that the cause of action relates to the plaintiff named in the plaint.”
	Rule 3(4)	To be amended to read rule 3(5)
26	Order 54 Rule 1	Amend to read “The Civil Procedure Rules revised Edition 2007.”
27.	Appendix A		Amend form No. 6 by deleting “(2)” Amend Form No. 7 by deleting “9” to read 28 Amend F No. 8 by deleting 9 to read 28. F No. 9 by deleting “9” to read 28. F No. 10 by deleting “9” to read 28 F No. 11 by deleting “32” to read 28. F No. 16 delete “(absolute)” substitute with the word “(nisi)” Delete title in F No. 20 the rest becomes a continuation of F No. 19, but the portion relating to Exchange Control Act at the bottom is deleted. The numbering on all other forms are to be amended accordingly.
28	Appendix B	AMEND TO READ AS FOLLOWS: Q 1. Have you identified the relevant track for the case? Q2………………………………….. Q3.Have you given full disclosure to the other party/parties? If not, issue affidavit in line with F No. 5 on appendix B. Add a new Q. as follows: Q4. Are there any admitted documents or facts? Requests shall be in line with F 9 and F 10 of appendix B Original Q 4. Amended to read Q5. Delete the answer “Yes” and “No”. Original Q 5 to read Question 6 and F No. 6 in Appendix B to apply. Q8. Adopt F 2 and F3 in appendix B Q9.Delete apostrophe after “witness” Q13. Delete the answer “Yes” and “No”. Q14.Put inverted commas before and after the word “ without prejudice,” create a “Yes” and “No” answer for part (a) of the question, then create part (b) of the question after the words “if not,(include a comma)” Q15. Put a question mark after the word “Future loss” delete the word “and” and create part (b) of that question to start from the word “if”. Create a “Yes” and “No” answer on part (a) of the question. Delete original Q15 because it is repetitive. In original Q. 16 add the words “specify the witness” after the question mark. Rephrase original Q.17 to read as follows, “have you complied fully with requirements under O11? If not why?” Original Q18, delete the letter “s” after the word “obligation” In original Q19. Add the word “of” to read “bundle of documents.” In original question 20 delete the words “of list” substitute with “at least” and then delete the word “day” at the end. Add a new Q.20 to read “have you agreed on issues???
	Appendix C	Amend to read “Discovery of documents” delete “Settlement out of court” Re-number the case conference order as follows: TRACK DISCOVERY OF DOCUMENTS Notices shall issue in line with form 6 and 7 of appendix B. INSPECTION Notices to issues in line with form 8 Appendix B INTERROGATORIES WITNESS STATEMENTS EXPERT EVIDENCE Under expert evidence question 6, the word “damages” is deleted. DAMAGES GENERAL DIRECTION DISCHARGE AND VARIATION OF THIS ORDER SIGNED BY THE PRE-TRIAL JUDGE
	Appendix G	Amend the schedule to adopt the CJS’ practice directions in Gazette notice 1756 of ’09.

These recommendations were forwarded to the Hon. Attorney General during the 1^st week of July and it is envisaged that they will be gazetted soon.

HOW THEN DO WE MONITOR THE ESSENTIAL STEPS IN A CIVIL SUIT, AND WHAT ARE THE MECHANISMS OF CASE MANAGEMENT?

NECESSARY STEPS	PRESCRIBED PERIOD
Instructions to file suit. Recording all the names of witnesses, obtaining their statements and signatures. Compiling and obtaining copies of documents. Demand as required before instituting the action.	Initial steps to be taken before instituting suit
Drawing of the plaint which must be accompanied by summons to enter appearance, the verifying affidavit, vverifying the correctness of the averments contained in the plaint. Closing of track.	Before instituting suit O 3 r 1 (2) and (4)
Filing of the plaint as well as the summons to enter appearance, the verifying affidavit, duly executed witness statements, copies of all relevant documents, and the demand letter.	O 4 r 1 (5) and r 2
Summons to be signed by the court within 30 days of filing of the plaint etc.	O 5 r 1(1)
Collection of summons within 30 days of issue or date of notification by court, whichever is later.	O 5 r 6
Serving of summons within a period not exceeding 12 months.	O4 r 2(1)
Entry of Appearance within period prescribed on the summons to enter appearance, it being not less than ten days from date of service.	O 5 r 1(1) and (14)
Memorandum of Appearance to be served within 7 days of appearance.	O 6 r 2 (3)
Filing of affidavit of service of Memorandum of appearance	O6 r 2 (3)
Filing application for summary judgment where necessary - after memorandum of appearance has been filed, but before filing of the defence	O 35 r 1
Obtaining instructions from the defendant to defend the suit. Obtaining details and names of witnesses and their written statements. Obtaining copies of defence documents
Filing of defence and if need be, a counterclaim which shall be supported by a verifying affidavit within 14 days of filing memorandum of appearance, coupled with the list of witnesses, their written statements and copies of relevant documents	O7 r 1

Filing of affidavit of service of the defence	O7 r1
Filing reply to defence within 14 days after the defence is served	O7 r 17(1)
Service of the reply and other subsequent pleadings, within 7 days of filing in court.	O7 r 18 (3)
Amendments of pleadings once without leave before close of proceedings.	O 8 r 1
Close of pleadings within 14 days of service of the reply to the defence and counterclaim if any.	O2 r 13
Application for Third Party Notice, to be made within 14 days of close of pleadings.	O1 r 15 (1)
The third party to enter appearance within the period that is specified in the Third Party Notice.	O1 r 17
Application for third party direction after entry of appearance.	O1 r 22
Completion, filing and service of pre-trial questionnaire within 10 days of close of pleadings.	O11 r 2
Court to convene the case Conference within 30 days of close of pleadings.	O11 r 3
Court to issue a Case Conference Order at the completion of the case conference.	O11 r 4
Exchange of a settlement conference at least 7 days prior to the settlement conference	O11 r 5 (2)
Within 60 days (in fast track cases) or 90 days in (multi- track cases) of the date of the case conference, court to convene a settlement conference.	O11 r 5(1)
At least 10 days before the Trial conference, parties to complete, file and exchange a Trial Conference questionnaire.	O11 r 6
Court to convene the Trial Conference at least 30 days before the hearing date.	O11 r 7
During this period the court shall also be required to ensure that:- all documents have been exchanged; full filing fees have been paid; the defendant has filed a list of witnesses and statements the affidavit verifying the counterclaim and copies of the documents to be relied upon have been filed as required under Order 7 rule 5 all issues are identified; a timetable for hearing is made; where necessary, suits have been consolidated; change of track is dealt with; all test suits are identified; all particulars have been filed; interlocutory applications have been dealt with and disposed of’; all statements have been admitted; all discovery, inspection, interrogatories have been dealt with; issuance of commissions has been complied with; the mechanisms of Alternative Dispute Resolution have been explored and resorted to; court can strike out pleadings at this stage; after which the Memorandum shall be signed at the conclusion of the Trial Conference.	O11 r 7 (4)(a)
Once the Trial conference is concluded, the court shall fix hearing dates, and except in exceptional circumstances, which shall be recorded by the court, adjournments shall not be allowed neither shall any matters be marked as ‘Stood Over Generally’.	O11 r 7(4) (b)
The court shall deliver judgment within 60 days of conclusion of the case.	O21 r 1
Execution- within 1 year of the decree.	O 22 r 18
Institution of objection Proceedings by Notice at any time before the payment of the proceeds of the sale. The application and affidavit to be served within 7 days of filing	O22 r 51 (3)
The court shall notify the decree holder to indicate whether he intends to proceed with execution, and if it deems it fit, will issue an order of stay. If granted, the order of stay of execution will be for a period of 14 days.	O22 r 52
If decree holder wishes to proceed, he shall file his intimation together with a replying affidavit, within 7 days of service of notice by court.	O22 r 52
Appeals to the High Court shall be filed within 30 days of decree appealed from.	Section 79 G Civil Procedure Act.
Certified copy of decree or Order appealed from shall be filed together with the Memorandum of Appeal as soon as possible or within the period that the court orders	O 42 r 2
Memorandum of appeal may be amended without leave before directions are taken.	O 42 r 3 (1)
Appellant shall list the appeal for directions/admission within 30 days of filing the appeal.	O 42 r 11
Court to notify appellant of refusal to reject appeal.	O 42 r 12
Memorandum of appeal shall be served within 7 days of the receipt of the notification.	O 42 r 12
Fixing appeal for hearing shall be on notice that shall be served on the parties not less than 21 days after service of the Memorandum of Appeal.	O 42 r 13(1)

ABITRATION UNDER A COURT ORDER, AND OTHER A. D. R. MECHANISIMS

It is a requirement under Article 159 (2) (c) of the Constitution that courts and tribunals shall be guided by alternative forms of dispute resolution including reconciliation, mediation, arbitration and traditional dispute resolution mechanisms.

The new Order 46 deals with Arbitrations and ADR.

Where a matter falls within the rules of arbitration, the court will refer the matter to arbitration with the consent of the parties.

Mediation, is a well established process for resolving disputes where the parties have failed to reach a negotiated settlement.

They will be assisted by a mediator to come to a mutually acceptable outcome.

The mediator who is a third party is required to be:

independent;
impartial;
with no stake in the outcome of the process, his aim being to assist the parties to clarify the issues, and to explore solutions and negotiate their own agreement.
He shall not advise those in dispute, but shall help them communicate with one another.

The court on its own motion or at the request of the parties to refer the matter to any other appropriate means of dispute resolution (including mediation) for the attainment of the overriding objective envisaged under sections 1 A and 1 B of the Act.

CONCLUSION

The above therefore discloses that we must abide with strict time lines, and all shall be required to comply with the requirements under Order 11, for that will be the only way in which we can achieve the expeditious and cheaper justice.

Early identification of issues through case management will is likely to encourage early settlement of disputes and reduce the duration of proceedings. Post-trial rules should be viewed with greater strictness.

Active case management will eliminate the cases which drag on for many years due to inaction of the claimant and eventually lead to an application to dismiss for want of prosecution.

Non-compliance by any party will be clear violation of the overriding objectives of the Civil Procedure Act, and the Presiding Officer may penalise any party who fails to abide with the provisions of Order 11.

It is imperative that our Registries be manned by staff, who are well versed with these Rules.

Case Managers should be appointed within the shortest time possible.

All the legal practitioners should have familiarized themselves with these Rules by now, and they should take full advantage of the new opportunities otherwise, the whole effort will be in vain.

It is my hope that once fully operational, these rules will hasten the process of litigation and will restore the glory of our Judiciary.

We must embrace the change!

JEANNE GACHECHE.

18^th AUGUST 2011.

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