The Supreme Court (Amendment) Rules,2015

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 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.
Amendment of Rule 4 of L.N No.123 of 2012. / Role of the Chief Justice. / 3. The principal Rules are amended by —
(a) deleting rule 4 and inserting the following new rule—
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
(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)change of representation;
(b)admission of consent;
(c)consolidation of matters;
(d)dismissal of a matter for want of prosecution;
(e)correction of errors on the face of the record;
(f)withdrawal of documents;
(g)review the decision of the Registrar; or
(h)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 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. / 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.
Insertion of a new Rules in L.N No. 123 of 2012. / Hours of lodging documents. / 6. The principal Rules are amended by inserting the following new Rules immediately after Rule 7—
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 –
(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 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.
(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. / 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”.
Amendment to Rule 9 (2) of LN.123 of 2012 / 8. The principal Rules are amended in rule 9 by deleting paragraph (2).
Amendment of Rule 10 of L.N No.123 of 2012. / 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.
Amendment of Rule 11 of LN No.123 of 2012. / 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 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.
(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 –
(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—
19. A party may at any time before hearing or after hearing before judgment with leave of the Court, withdraw any proceedings.
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—
(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 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 and sealing of Court documents. / 21A. Every summons, warrant, order, notice or other formal document issued by the Court shall be signed by a Judge or by the Registrar and shall be sealed with the seal of the Court.
Amendment of rule 23 of L.N 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.
Amendment of Rule 24 of LN No.123 of 2012. / 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) 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. / 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.
Amendment of rule 28 of LN No.123 of 2012. / 20. The principal Rules are amended by deleting rule 28and 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 non-attendance.
(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.
Rules 32 and Rules 34 / 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
Amendment of rule 33 of LN No.123 of 2012. / 20.The pprincipal Rules are amended in rule 33by—
(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)
(2A) Where an amicus curiae or an expertis 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. / 22. The principal Rules are amended by repealing Part Eight.
Amendment of rule 50 of LN No.123 of 2012. / 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”.
Amendment of rule 55 of LN No.123 of 2012.
Cap.14. / 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.

Made on the …………………………….., 2015.

Willy Mutunga,

Chief Justice and President of the Supreme Court of Kenya.

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