the civil procedure act - Kenya Law Reports

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100[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010(n) deal with as many aspects of the case as it can on the same occasion;(o) make any such orders as may be appropriate including—(i) striking out the action or defence;(ii) makinganawardofcosts;(iii) striking out of any document or part of it; or(iv) creating or amending a case timetable.[Order 11, rule 4.]Case conferenceorder.[Order 11, rule 5.]Settlementconference Order.4. Upon conclusion of the case conference the court shall issue a CaseConference Order in terms of Appendix C.5. (1). With a view to providing an opportunity for settlement in everysuit to which this Order applies the court shall within sixty days of the caseconference in the case of a fast track case, and ninety days in the case of multitrackcase, convene a settlement conference for the purpose of—(a) settling the case or issues in the case; and(b) providing the parties and their advocates an opportunity to appearbefore the court to settle the suit or narrow down the issues.(2) Each party shall at least seven days before the date appointed for thesettlement conference prepare and exchange a Settlement Conference Briefwhich should include the following—(a) a concise summary of the facts including the agreed facts andadmissions;(b) a concise summary of the issues and the law to be relied upon byeach party including their rights and interests;(cand(d) expert reports and the relevant portions of documents relied upon.[Order 11, rule 6.]Trial conference[Order 11, rule 7.]Trial Conference.6. Each party shall at least ten days before the trial conference, complete,7. (1) At least thirty days before the hearing date of the suit a TrialConference shall be convened by the court for the following purposes—(a) planning of trial time;(b) exploring the most expeditious way to introduce evidence and
Rev. 2010] Civil Procedure CAP. 21 101(cexceeding fourteen days;(d) ordering the admission of statements without the calling of themakers as witnesses where appropriate and the production of anycopy of a statement where the original is unavailable;(e(f) ordering for the examination of any witness by the issue ofCommission outside court and for the admission of any suchexamination as evidence in court;(g) making appropriate orders relating to experts reports includingtheir exchange and admissibility at the trial;(h) making appropriate orders concerning the receiving in evidenceof any exhibit; and(i) making a referral order for alternative dispute resolution.(2) It shall be the duty of every party and or his advocate to strictly complywith the provisions of rule 3(2) and to give such information as the judge mayrequire, including but not limited to the number of the witnesses expected to becalled and the nature of their evidence, to enable the court to consider and settlethe length of time which will probably be required for the hearing of the suit.(3). Any party or his advocate who wilfully fails or omits to comply withthe provisions of this Order shall be deemed to have violated the overridingobjective as stipulated in Section 1A and 1B of the Act and the court may ordercosts against the defaulting party unless for reasons to be recorded, the courtorders otherwise.(4)At the conclusion of the Trial Conference—(a) parties or their advocates shall sign a memorandum as prescribedin Appendix E hereto setting out the results of the conference; and(b)The court may make such order or orders as it considers necessarywith respect to the conduct of the suit.[Subsidiary]8. The memorandum and order stipulated in rule 4 (4) shall bind theparties unless the court otherwise orders.9. For the purposes of this Order, the Chief Justice may appoint casemanagement judges and such number of case managers as he shall deemnecessary.[Order 11, rule 8.]Trial ConferenceOrder.[Order 11, rule 9]Case managers.
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