This archive report was first published on 23 October 2019.
On October 23, 2019, the Kenyan Judiciary provided valuable insights into the process of filing a civil case in Kenya.
A civil case is a legal dispute between two or more parties, and it's essential to understand the process to ensure a smooth and successful outcome.
When filing a civil case, one needs to first understand their cause of action, which is the part of the law they are relying on to sue the other person (defendant/respondent).
It's also crucial to consult an advocate, a lawyer who has been admitted to the roll of advocates and is licensed to practice for the current year.
Next, one needs to reduce their complaint into writing and draft it in the form of a plaint or originating summons or a petition.
Finally, the complaint, along with a signed supporting affidavit, needs to be presented to the court registry nearest to the plaintiff.
Additionally, the article highlights the process of becoming a surety or guarantor, which involves being related to the accused person or knowing them very well.
As a surety or guarantor, one needs to prepare their identification documents and security documents, such as a payslip or title deed, for presentation to the court.
The article also provides guidance on how to defend oneself in a civil case, which includes asking for information, seeking clarification, asking questions, and presenting evidence.
Furthermore, the article explains how to peruse a court file, which involves making a request in the registry and paying the required fees.
Lastly, the article provides information on how to obtain proceedings, which involves making a written request in open court or through writing in the court registry, paying the required fees, and having the proceedings prepared and assessed.
For those seeking to certify an affidavit or documents, the article advises visiting the registry and having the documents assessed for fees.
