[Rev. 2012] (e) Matrimonial Causes CAP. 152 Except as hereinafter provided, these Rules shall apply to all subsequent pleadings and proceedings in respect of such plea as if the plea were an original petition. (2) If no answer to the plea of the President’s Proctor is filed within the time limited, or if an answer is filed and has been struck out or not proceeded with, the President’s Proctor may apply forthwith by motion to rescind the decree nisi and dismiss the petition. (3) If the charges contained in the plea of the President’s Proctor are not denied in the answer thereto, the party in whose favour the decree nisi has been pronounced shall apply for the registrar’s certificate that the pleadings are in order and, within fourteen days after obtaining it, set down the intervention for hearing, and, within eight days after setting down the intervention, shall file and give to the President’s Proctor notice of his having done so; and, if default is made in setting down and giving notice to the President’s Proctor as aforesaid, the President’s Proctor may apply forthwith by motion to rescind the decree and dismiss the petition. (4) If the charges contained in the plea of the President’s Proctor are denied in the answer thereto, the President’s Proctor shall apply for the Registrar’s certificate and, within fourteen days after obtaining it, set down the intervention for hearing, and, within eight days after setting down the intervention, shall file and give to the other parties to the intervention notice of his having done so. [Act No. 9 of 1967, Sch.] 34. Intervention by person other than President’s Proctor (1) When any person other than the President’s Proctor desires to show cause against making absolute a decree nisi, he shall enter an appearance in the cause in which the decree nisi has been pronounced, and shall within four days thereafter file an affidavit setting forth the facts upon which he relies and within eight days of filing such affidavit deliver copies thereof to the party or the advocate of the party in whose favour the decree has been pronounced. (2) The party in the cause in whose favour the decree nisi has been pronounced may within fourteen days after delivery of the affidavits as aforesaid file an affidavit in answer and within eight days after filing deliver copies thereof to the person showing cause or to his advocate, and if any such affidavits are so filed and delivered the person showing cause may within a further fourteen days file and deliver copies of affidavits in reply. (3) No affidavits shall be filed in rejoinder to the affidavits in reply without leave. [Act No. 9 of 1967, Sch.] 35. Intervention to be heard in Nairobi The hearing of any intervention under rule 33 or rule 34 of interventions these Rules shall take place in Nairobi unless the Chief Justice to be heard otherwise directs. 36. Decree absolute (1) An application by a spouse to make absolute a decree nisi pronounced in his favour shall be made by lodging with the registrar a notice of application in M9 - 33 [Issue 1]

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