The Supreme Court (Amendment) Rules,2015
LEGAL NOTICE NO…………………..
THE CONSTITUTION OF KENYA
AND
THE SUPREME COURT ACT, 2011
(NO. 7 of 2011)
THE SUPREME COURT (AMENDMENT) RULES, 2015
Citation.
1. These Rules may be cited as the Supreme Court (Amendment)
Rules, 2015.
Amendment
of rule 2 of
L.N.No.123
of 2012.
2. The Supreme Court Rules (in these Rules referred to as “the
principal Rules”) are amended in rule 2 by –
(a) deleting the word “suit” and substituting therefor the word
“matter” appearing in the definition of “amicus curiae”;
(b) deleting the definition of “appellant”;
(c) deleting the words “and includes a division of the Court or a
single Judge of the Court exercising delegated authority of the
Court” appearing in the definition of “Court”;
(d) deleting the words “cannot afford” and substituting therefor the
words “is unable” appearing in the definition of “in forma
pauperis”;
(e) deleting the words “intended appellant” and substituting
therefor the word “applicant” in the definition of “party”;
(f) deleting the definition of “Registrar” and substituting therefor
the following new definition—
“ Registrar” has the meaning assigned to it under the Act;
(g) inserting the following new definitions in their proper
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The Supreme Court (Amendment) Rules,2015
alphabetical sequence—
“association” includes a company, corporation or other
body of persons whether incorporated or
unincorporated;
“electronic media” includes CD ROMs, memory
sticks, DvD, email or any unalterable electronic media;
“Chief Justice” means the Chief Justice and President
of the Supreme Court;
“guardian ad litem” means a person appointed as such
to defend a minor or a person with a disability in ma
matter;
“next friend” means a person who institutes a matter on
behalf of a minor or a person with a disability;
“pleadings” includes affidavits, reports or any other
document filed in Court;
“Registry” has the same meaning as assigned to it
under the Act.
3. The principal Rules are amended by —
(a) deleting rule 4 and inserting the following new rule—
Amendment
of Rule 4 of
L.N No.123
of 2012.
Role of
the Chief
Justice.
4.(1) The Chief Justice shall co-ordinate the activities of the
Court, including —
(a)
constituting a Bench to hear and determine any matter
filed before the Court;
(b)
determining the sittings of the Court and the matters to
be disposed of at such sittings; and
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The Supreme Court (Amendment) Rules,2015
(c)
determining the vacations of the Court.
(2)The Chief Justice may delegate the roles under sub-rule
(1) to the Deputy Chief Justice.
(3) Without prejudice to the provisions of this rule, a single
Judge of the Court may hear applications and make orders with
regard to―
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
change of representation;
admission of consent;
consolidation of matters;
dismissal of a matter for want of prosecution;
correction of errors on the face of the record;
withdrawal of documents;
review the decision of the Registrar; or
leave for filing additional documents.
(4) A party aggrieved by the decision of a single Judge may
file an application for review of the decision to the Court.
(5) In reviewing the decision of the Registrar, the decision of
the Judge shall be final.
Roles of
the
Registrar
.
(b) by inserting the following new rule immediately after rule
4―
4A. The Registrar shall ―
(a) schedule matters filed before the Court for a
scheduling conference in accordance with rule 15;
(b) decline to admit pleadings that are not in
accordance to the Constitution, the Act, the relevant
Rules and the Court’s Practice Directions for filing;
(c) have power to impose sanctions and order costs
against parties who do not comply with the
directions of the Court causing unnecessary delays
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The Supreme Court (Amendment) Rules,2015
by way of adjournments; and
(d) fix matters for hearing, in consultation with the
Chief Justice and the President of the Court.
Amendment
of Rule 5 of
L.N No.123
of 2012.
4. Rule 5 of the principal Rules is amended by deleting sub-rule (2)
and substituting therefor the following new sub-rule –
(2)The working hours of the Registry shall be between–
(a) 8.30am to 5.00pm ;and
(b) 9.00am and 12.00 noon, during vacation.
Amendment
of Rule 6 of
LN No.123
of 2012.
Insertion of a
new Rules in
L.N No. 123
of 2012.
5. The principal Rules are amended in rule 6 by inserting the
following new sub-rule —
(2) Where a party intends to address the Court in any language other
than the official language of the Court, including braille or sign language,
the party shall give the Registrar seven days written notice prior to the
hearing.
6. The principal Rules are amended by inserting the
following new Rules immediately after Rule 7—
Hours
of
lodging
documents.
7A. (1) Documents shall be filed and presented to the
registry during working hours specified under rule 5(2).
(2) Despite paragraph (1), the Chief Justice may from time
to time direct such other time during which the Registry may
operate.
Maintenance
of registers.
7B. (1) The Registrar shall keep a register of all documents
lodged in the Registry.
(2) A register under this rule shall contain particulars of
documents which shall include –
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The Supreme Court (Amendment) Rules,2015
(a) the number of the application;
(b) in case of an appeal, the file number of the
proceedings in the lower Court;
(c) the names of the parties; and
(d) the date when any action is required to be done.
Sittings of
the Court.
7C. (1) The Court shall have three sittings in every year.
(2) Without prejudice to the generality of sub-rule (1), the
sittings of the Court shall be as follows—
(a) from the14th January to the second Wednesday before
Good Friday;
(b) from the Wednesday after Easter week to the 31st July;
and
(c) from the 16th September to the 20th December.
(3) The sittings of the Court during vacation shall be
conducted as directed by the Chief Justice.
Computation
of time.
7D. (1) The provisions of section 57 of the Interpretations
and General Provisions Act shall apply to the Court.
(2) The Court may extend or shorten the time limit
imposed by these Rules ,for the doing of any act authorized or
required by these Rules, by order on such terms as it deems
just and expedient.
(3) A reference in these Rules to anytime under sub-rule
(2) shall be construed as a reference to that time as extended
or shortened.
(4) The Court may exercise these powers either on
application by a party or by the Court on its own motion.
(5) Where the Constitution provides for specific
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The Supreme Court (Amendment) Rules,2015
timelines, the timelines under these Rules shall be construed
accordingly.
Filling
of
documents.
7F. (1) All pleadings filed in the Court shall be in print and
electronic form, in accordance with practice directions issued
by the Chief Justice.
(2) The Registrar may reject any documents that does not
comply with the Act or these Rules and shall have power to
issue Orders of Rectification of the pleadings in order to
comply with the provisions of the Act and these Rules.
(3) A document prepared for use in the Court shall, unless
the nature of the document renders it impracticable, be on an
A4 size paper of durable quality with writings on only one
side of the paper, and a margin of not less than one and a half
inches on the left side of the sheet.
(4) Any pleading filed in the Court shall be clear and
legible, and may be produced by printing, type lithography,
stencil duplicating, photography, xerography, typewriting,
writing, other appropriate technology, or a combination of
these media.
(5) In every criminal and civil appeals—
(a) the memorandum of appeal record of appeal shall be
bound in book form with a cover of durable paper and
may be in more volumes than one, and the title of the
appeal shall appear on the cover page; and
(b) the pages of every application, the record of appeal
and the memorandum of appeal shall be numbered,
consecutively.
(6) In all applications and appeals, every tenth line of each
page of the record shall be indicated in the margin on the right
side of the sheet.
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The Supreme Court (Amendment) Rules,2015
(7) The Court may limit the number of pages of any set of
pleadings to be filed
(8) The Court may where necessary and in the interest of
justice, vary the requirements relating to filing of pleadings in
the Court.
(9) A pleading shall be deemed to have filed where –
(a) all the necessary copies have been lodged at the
registry for filing;
(b) where applicable—
(a) the required fee has been paid; and
(b) security for costs has been deposited.
Amendment
of Rule 8 of
L.N No.123
of 2012.
Amendment
to Rule 9 (2)
of LN.123 of
2012
Amendment
of Rule 10 of
L.N No.123
of 2012.
Amendment
of Rule 11 of
LN No.123
of 2012.
7. Rule 8 of the principal Rules is amended in sub-rule (2) by deleting
the word “informally” appearing immediately after the word “made” and
substituting therefor the words “orally”.
8. The principal Rules are amended in rule 9 by deleting paragraph
(2).
9. The principal Rules are amended in rule 10 by deleting sub-rule (2)
and substituting therefor the following new sub-rule –
(2) Unless the Court requires proof by oral evidence,
proof of service of pleadings shall be by way of a
affidavit of service which shall specify the details of the
persons served, place, date and time and the mode of
service of the pleadings.
10. The principal Rules are amended by deleting rule 11 and
substituting therefor the following new Rule –
11. (1) Unless otherwise provided in these Rules or directed by
the Court, a respondent shall within fourteen days of service of
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The Supreme Court (Amendment) Rules,2015
petition, file reply to petition or grounds of objection or both reply
to petition or grounds of objection.
(2) Within seven days of service of the response of the petition,
the petitioner may file a reply to the response, if any, and which
shall be the close of pleadings.
Amendment
of Rule 12 of
LN No.123
of 2012.
11. The principal Rules are amended by deleting rule 12 and
substituting therefor the following new Rule –
12.(1) A party may in any proceedings before the Court—
(a) appear in person;
(b) be represented by an advocate; or
(c) with leave of Court, be assisted by any other
person of the party’s choice.
(2) An association may appear either by an advocate, a director,
manager or secretary duly appointed by a resolution of the association,
which appointment shall be in writing and shall be duly sealed with the
official seal of the association.
(3) The association shall file the resolution under sub-rule (2) in
the registry.
(4) Subject to sub-rule (5), the Court may appoint a guardian ad
litem for the purpose of an appeal or petition on behalf of a minor or a
person with a disability and may, at any time, for sufficient reason
remove or substitute the guardian ad litem.
(5) Where a person has acted as a next friend or guardian ad litem
in the preceding superior Courts for a minor or person with a disability,
and the minor or the person with a disability is a respondent in an
appeal or petition to the Court, the next friend or guardian ad litem
may, if he desires to act as such in the appeal, file a consent to act at
the registry and shall be deemed to be duly appointed.
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The Supreme Court (Amendment) Rules,2015
(6) A party may change representation at any stage of the
proceedings.
(7) Where a party—
(a) changes representation;
(b) having been represented elects, to act in person; or
(c) having acted in person, engages a representative,
that party shall, lodge with the Registrar a notice of change of
representation and shall serve a copy of the notice on the other party and
on every other party to the proceedings or the representatives of the
parties.
(8) An advocate may, at any stage of the matter, make an
application to the Court to cease acting, and serve the application on all
other parties to the proceedings.
Amendment
of Rule 14 of
LN No.123
of 2012.
12. The principal Rules are amended in rule 14 –
(a) by deleting the words “The Court” and substituting therefor
the words “A single Judge or Registrar” appearing at the
beginning of that rule.
(b) by deleting the word “suits” appearing in paragraph (b) and
substituting therefor the word “matters”
Amendment
of Rule 15 of
LN No.123
of 2012.
13. The principal Rules are amended by deleting rule 15 and
substituting therefor the following new rule –
15.(1) A party shall within seven days after close of pleadings,
complete and submit to the Registrar a duly filled scheduling
conference questionnaire in Form G set out in the First Schedule.
(2) The Registrar shall within three days of after receipt of the
duly filled questionnaires, convene a scheduling conference in order
to –
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The Supreme Court (Amendment) Rules,2015
(a) ascertain the contested and agreed issues;
(b) ascertain the possibility of an out of Court
settlement;
(c) ascertain the form of evidence to be
adduced and the number of witnesses to be
called, if any;
(d) receive proposals and give directions on
the proposed timeframe for the oral
submissions, filing written submissions
and list of authorities, bundle of authorities
and digests by the parties;
(e) confirm that all pleadings are in
compliance with these Rules and practice
directions; and
(f) refer the matter to the Chief Justice for
directions, where an issue of jurisdiction is
raised.
(3) The presiding judge of the Court shall seven days after
certification of compliance with the directions of the scheduling
conference convene a pre-trial conference in order to decide on the
preliminary matters including, admissions of amicus curiae interested
parties and any other issue for determination which may have arisen in
the scheduling conference.
Amendment
of Rule 19 of
LN No.123
of 2012.
14. The principal Rules are amended by deleting rule 19 and
substituting therefor the following new rule—
Amendment
of rule 20 of
LN No.123
of 2012.
15. The principal Rules are amended in rule 20 by inserting the
following new sub-rule immediately after sub-rule (4) as follow—
19. A party may at any time before hearing or after hearing before
judgment with leave of the Court, withdraw any proceedings.
(4A) An application for correction of judgment, ruling or order as
provided under section 21(4) shall be by notice in Form A set out in
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The Supreme Court (Amendment) Rules,2015
the Schedule.
Amendment
of rule 21 of
LN No.123
of 2012.
16. The principal Rules are amended in rule 21 by—
(a) deleting sub-rule (3) and substituting therefor the following new
sub-rule—
(3) Any party may within fourteen days from the date of judgment
or ruling prepare a draft order and submit it for approval by the other
parties who shall within seven days from the date of receipt of the draft
order—
(a) approve it with or without amendment; or
(b) reject it.
(b) by inserting the following new rule immediately
after rule 21—
Signature
21A. Every summons, warrant, order, notice or
and
other formal document issued by the Court shall
sealing of
be signed by a Judge or by the Registrar and
Court
documents
shall be sealed with the seal of the Court.
.
Amendment
of rule 23 of
L.N No.123
of 2012.
Amendment
of Rule 24 of
LN No.123
of 2012.
17. The principal Rules are amended by deleting rule 23 and
substituting therefor with the following new rule—
23. An interlocutory application to the Court shall be by way of
written submissions only except that parties who are not represented may
address the Court orally.
18. The principal Rules are amended in rule 24 by—
(a) deleting the marginal notes and substituting therefor the
following new marginal note “Application for
certification”;
(b) inserting the word “or has declined to certify” immediately
after the words “has certified appearing in sub-rule (2)”;
and
(c) deleting sub-rule (3) ;
(d) by inserting a new sub-rule immediately after sub-rule (4)
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The Supreme Court (Amendment) Rules,2015
as follows—
(5) An application under this rule shall be determined
on the basis of written submissions unless the Court directs
otherwise.
Amendment
of rule 24 of
LN No.123
of 2012.
Amendment
of rule 28 of
LN No.123
of 2012.
19. The principal Rules are amended in rule 25 by inserting a new
sub-rule immediately after sub-rule (2)—
(3) An application under this rule shall be determined on the basis of
written submissions unless the Court directs otherwise.
20. The principal Rules are amended by deleting rule 28 and
substituting therefor the following new rule—
28. (1) If on the day fixed for hearing of an application—
(a) neither party attends, the court may dismiss the matter;
(b) either the applicant or the respondent does not attend, the
court may proceed dismiss or allow the application or
proceed in any manner as it shall consider fit and just;
(2) Where an application is dismissed or allowed under sub-rule (1), a
party aggrieved by the decision of the Court may apply to the Court to
hear the application a fresh, if the party shows sufficient cause for nonattendance.
(3) The Court may, upon an application being made under sub-rule (2),
set aside or vary the ruling or order upon such terms as may be just.
(4) Where in a criminal matter the applicant is absent by reason of
being in custody but is represented by an advocate, the application shall be
heard in the absence of the applicant, unless the Court directs otherwise.
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The Supreme Court (Amendment) Rules,2015
Rules 32
and Rules
34
Amendment
of rule 33 of
LN No.123
of 2012.
There was a proposal to include service by advertisement through a
newspaper with nationwide circulation in Rules 32 and Rules 34 and
which only contains personal service
20. The pprincipal Rules are amended in rule 33 by—
(a) deleting sub-rule (1) and substituting therefor the following new
sub-rule—
(1) An appeal to the Court shall be instituted by lodging in the
Registry, within thirty days of the date of filing the notice of appeal
where the appeal is as of right or within thirty days after grant of
certification where such certification is required—.
(b) inserting the following new sub-rule immediately after sub-rule
(6)—
(7) For the avoidance of doubt, the record of appeal shall contain the
judgment being appealed, judgment or ruling of the High Court,
proceedings before the Court of Appeal and only the pleadings relevant to
make a determination of the matter.
Amendment
of Rule 41 of
LN No.123
of 2012.
21. The principal Rules are amended in rule 41 by—
(a) inserting the following new paragraph immediately after
sub-rule (2)(c)—
(d) concisely and briefly state the question upon which
advice is sought.
(b) by inserting the following new sub-rules immediately after
sub-rule (2)
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The Supreme Court (Amendment) Rules,2015
(2A) Where an amicus curiae or an expert is admitted, he
shall file written submissions or address the Court orally if
the Court considers fit and just.
Repeal of
Part Eight of
LN No.123
of 2012.
Amendment
of rule 50 of
LN No.123
of 2012.
Amendment
of rule 55 of
LN No.123
of 2012.
22. The principal Rules are amended by repealing Part Eight.
23. The principal Rules are amended in rule 50 by—
(a) deleting the words “suit” appearing in sub-rule (3)(b) and
substituting therefor the word “matter”;
(b) be deleting the word “below” appearing immediately after
the word “court” and substituting therefor the word
“preceding”.
23. The principal Rules are amended by inserting the following new
rule immediately after rule 55—
55A. The disposal of records in custody of the Court shall be in
accordance with the Records Disposal Act or as the Chief justice may
from time to time determine.
Cap.14.
Made on the …………………………….., 2015.
Willy Mutunga,
Chief Justice and President of
the Supreme Court of Kenya.
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