Constitution of Kenya, 2010
199
[Subsidiary]
“petitioner” means any person who institutes proceedings or cross
petitions under these rules and for the purposes of a cross petition includes a
cross petitioner;
“Registrar” includes assistant and deputy registrar in any particular
court;
“respondent” means a person who is alleged to have denied, violated or
infringed, or threatened to deny, violate or infringe a right or fundamental
freedom;
“service” means delivery of an order, summons, or other legal papers to
the person required to respond to them; and
“Supreme Court” means the Supreme Court of Kenya established by
Article 163 of the Constitution.
Scope and objectives.
3. (1) These rules shall apply to all proceedings made under Article 22
of the Constitution.
(2) The overriding objective of these rules is to facilitate access to
justice for all persons as required under Article 48 of the Constitution.
(3) These rules shall be interpreted in accordance with Article 259(1) of
the Constitution and shall be applied with a view to advancing and realising
the—
(a) rights and fundamental freedoms enshrined in the Bill of Rights; and
(b) values and principles in the Constitution.
(4) The Court in exercise of its jurisdiction under these rules shall
facilitate the just, expeditious, proportionate and affordable resolution of all
cases.
(5) For the purpose of furthering the overriding objective, the Court shall
handle all matters presented before it to achieve the—
(a) just determination of the proceedings;
(b) efficient use of the available and administrative resources;
(c) timely disposal of proceedings at a cost affordable by the respective
parties; and
(d) use of appropriate technology.
(6) A party to proceedings commenced under these rules, or an
advocate for such party is under a duty to assist the Court to further the
اختر الفقرة المستهدفة3
الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات