[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;
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