the civil procedure act - Kenya Law Reports

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158CAP. 21 Civil Procedure [Rev. 2010[Subsidiary](2) Where the advocate of such a minor omits, within a reasonable time,to get a new next friend appointed, any person interested in the minor or in thematter in issue may apply to the court for the appointment of one, and the court[Order 32, rule 11.]Retirement, removal,or death of guardianad litem.11. (1) Where the guardian ad litem desires to retire or does not do hissuch guardian to retire or may remove him, and may make such order as to(2) Where the guardian ad litem retires, dies, or is removed by the courtduring the pendency of the suit, the court shall appoint a new guardian in hisplace.[Order 32, rule 12.]Procedure whereminor attainsmajority.12. (1) A minor plaintiff or a minor not a party to a suit on whose behalfan application is pending shall, on attaining majority, elect whether he willproceed with the suit or application.(2) Where he elects to proceed with the suit or application he shall applyfor an order discharging the next friend and for leave to proceed in his own name.(3) The title of the suit or application shall in such case be corrected soas to read thenceforth thus—(4) Where he elects to abandon the suit or application he shall, if a soleplaintiff or sole applicant apply for an order to dismiss the suit or applicationon repayment of the costs incurred by the defendant or opposite party, or whichmay have been paid by his next friend.(5) Any application under this rule may be made ex parte by chambersummons; but no order discharging a next friend and permitting a minor plaintiffto proceed in his own name shall be made without notice to the next friend.[Order 32, rule 13.]Where minor coplaintiffattainingmajority desires torepudiate suit.13. (1) Where a minor co-plaintiff on attaining majority desires torepudiate the suit, he shall apply to have his name struck out as co- plaintiff;(2) Notice of the application shall be served on the next friend, on anyco-plaintiff, and on the defendant.(3) The costs of all parties to such application, and of all or anyproceedings theretofore had in the suit, shall be paid by such persons as thecourt directs.(4) Where the applicant is a necessary party to the suit, the court maydirect him to be made a defendant.
Rev. 2010] Civil Procedure CAP. 21 159[Subsidiary]14. (1) A minor on attaining majority may, if a sole plaintiff, apply thata suit instituted in his name by a next friend be dismissed on the ground that itwas unreasonable or improper.[Order 32, rule 14.]Unreasonable orimproper suit.(2) Notice of the application shall be served on all the parties concerned;grant the application and order the next friend to pay the costs of all parties inrespect of the application and of anything done in the suit, or make such other15. The provisions contained in rules 1 to 14, so far as they are applicable,shall extend to persons adjudged to be of unsound mind, and to personswho though not so adjudged are found by the court on inquiry, by reason ofinterests when suing or being sued.[Order 32, rule 15.]Application ofrules to persons ofunsound mind.ORDER 33SUITS BY PAUPERS1. (1) Subject to the following rules, any suit may be instituted by apauper.for the institutions of such suit.2. Every application for permission to sue as a pauper shall contain theparticulars required in regard pleadings, together with a statement that the pauperis unable to pay the fee prescribed in such suit, and the whole shall be signedin the manner prescribed for the signing of pleadings.[Order 33, rule 1.]Suits may beinstituted by apauper.[Order 33, rule 2.]Contents ofapplication.3. Notwithstanding anything contained in these Rules, the applicationshall be presented to the court by the applicant in person unless the applicantis exempted from appearance in court by section 82 of the Act, in which casethe application may be presented by an authorised agent who can answer allmaterial questions relating to the application, and who may be examined in thesame manner as the party represented by him might have been examined hadsuch party attended in person.[Order 33, rule 3.]Presentation ofapplication.4. Where the application is in proper form and duly presented the courtallowed to appear by agent, regarding the merits of the claim and the propertyof the applicant.[Order 33, rule 4.]Examination ofapplicant.5. The court shall reject an application for permission to sue as a pauper—(a) where it is not framed and presented in the manner prescribed inrules 2 and 3;[Order 33, rule 5.]Rejection ofapplication.
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