[Rev. 2012] Matrimonial Causes CAP. 152 SCHEDULE [Section 39, L.N. 388/1959, L.N. 304/1960, L.N. 142/1963, L.N. 121/1975.] MATRIMONIAL CAUSES RULES 1. Citation (1) These Rules may be cited as the Matrimonial Causes Rules. (2) In these Rules— “a district registrar” means a district registrar of the Supreme Court; “a District Registry” means a District Registry of the Supreme Court; “Appendix” means the Appendix to these Rules; “certified copy” means a copy examined in the Divorce Registry against the original, marked as certified by the examining officer and sealed with the seal of the Divorce Registry; “defended cause” means a matrimonial cause which is not an undefended cause; “filed” means filed in the Divorce Registry; “person named” includes a person described as “passing under the name of A.B.”; “the Act” means the Matrimonial Causes Act (Cap. 152); “the Divorce Registry” means the Registry of the Supreme Court at Nairobi and includes any District Registry; “the registrar” means the Registrar of the Supreme Court and includes a district registrar and a deputy registrar; “undefended cause” means a matrimonial cause in which no answer has been filed or in which all the answers filed have been struck out, but does not include a cause in which— (a) the court is asked to exercise its discretion under section 10(2) of the Act; or (b) relief is sought under section 8(1)(d) of the Act. 2. Application for leave to present a petition (1) An application for leave to present a petition for divorce before three years have passed since the date of the marriage shall be made by originating summons in Form 1 in the Appendix. (2) There shall be filed in support of the summons an affidavit by the applicant stating— (a) the grounds of the application; (b) particulars of the hardship or depravity alleged; (c) whether there has been any previous application under this rule; M9 - 19 [Issue 1]