Court fees, legal fees, service fees, and witness expenses.
The Civil Procedure Act Cap 21.
The competitive nature does not necessarily ensure full disclosure of facts, especially those that might discredit the litigants' own cases.
It provides for the Judiciary, which comprises the Supreme Court, the Court of Appeal, the High Court, and subordinate courts.
Due to the complexity of legal issues and the intricacy of procedure.
Litigants and advocates are expected to assist the Court by conducting themselves in a manner that aims to meet the overriding objectives of the Act.
A judge decides cases impersonally as a passive umpire, focusing on the weight of evidence and merits of legal arguments, resulting in a winner and a loser.
The rules are delegated legislation with statutory force, binding on a court, and concerned with details and machinery of civil procedure.
The adversarial approach tends to accentuate differences and heighten conflict rather than reconcile litigants.
It guarantees procedural fairness and the right to a fair and public hearing within a reasonable time.
The primary purpose of the adversarial system is to elicit the truth by means of presenting opposing views in respect of the same case.
Procedural delays have serious personal and financial consequences, as litigants are unable to lead normal lives or continue trading freely while litigation is in progress.
It can increase tension between litigants, especially in long-term relationships like neighbourhood or domestic disputes.
1. A code of procedure is designed to facilitate justice and further its ends. 2. It is not a penal enactment for punishment and penalties. 3. Sections should not be construed too technically, leaving room for reasonable elasticity of interpretation.
Because courts are public institutions that play a vital role in maintaining order in society, and thus proceedings are conducted in open courts.
The Rules Committee has the power to make rules not inconsistent with the Act that provide for any matters relating to the procedure of civil courts.
By means of coercion through executionary procedures sanctioned by the state.
The court can still adjudicate the matter based on its statutory power, as the Act and Rules do not purport to be exhaustive.
All applications to the court, save where otherwise expressly provided under the Rules, shall be by motion and shall be heard in open court.
The common frustration is encapsulated in the phrase 'Justice delayed is justice denied'.
No, the rules do not confer new rights but only confirm and protect the rights which already exist.
Lawyers must reinterpret a litigant’s rights and interests into procedural terms as a claim or defense that complies with the standards of adversarial proceedings.
To facilitate the just, expeditious, proportionate, and affordable resolution of civil disputes governed by the Act.
Procedural delays are often caused by the technical nature of procedure, the formality of proceedings, and competitive tactics and strategies.
The rules have no effect in bankruptcy proceedings, proceedings relating to winding up of companies, non-contentious or common form probate proceedings, and matrimonial proceedings.
The assumptions include that both litigants have equal financial resources and equally skilled advocates, and that rivalry ensures full disclosure of facts.
The Constitution of Kenya 2010, statutory law, rules of court, and judicial precedent.
Nothing in the Act shall limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.
