the civil procedure act - Kenya Law Reports
the civil procedure act - Kenya Law Reports
the civil procedure act - Kenya Law Reports
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194[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010public holiday shall not be reckoned in <strong>the</strong> computation of such limited time.[Order 50, rule 3.]Time expiring onclosed.3. Where <strong>the</strong> time for doing any <strong>act</strong> or taking any proceeding expires on a<strong>act</strong> or proceeding cannot be done, or taken on that day, such <strong>act</strong> or proceedingshall so far as regards <strong>the</strong> time of doing or taking <strong>the</strong> same, be held to be duly[Order 50, rule 4.]When time does notrun.4. Except where o<strong>the</strong>rwise directed by a judge for reasons to be recorded<strong>the</strong> thirteenth day of January in <strong>the</strong> year next following, both days included,shall be omitted from any computation of time (whe<strong>the</strong>r under <strong>the</strong>se Rules oror <strong>the</strong> doing of any o<strong>the</strong>r <strong>act</strong>:Provided that this rule shall not apply to any application in respect of atemporary injunction.[Order 50, rule 5.]Time for givingsecurity for costs,when not to bereckoned.[Order 50, rule 6.]Power to enlargetime.5. The day on which an order for security for costs is served, and <strong>the</strong>time <strong>the</strong>nceforward until and including <strong>the</strong> day on which such security is givenshall not be reckoned in <strong>the</strong> computation of time allowed to plead, or take anyo<strong>the</strong>r proceeding in <strong>the</strong> cause or matter.proceedings under <strong>the</strong>se Rules, or by summary notice or by order of <strong>the</strong> court,<strong>the</strong> court shall have power to enlarge such time upon such terms (if any) as <strong>the</strong>justice of <strong>the</strong> case may require, and such enlargement may be ordered although<strong>the</strong> application for <strong>the</strong> same is not made until after <strong>the</strong> expiration of <strong>the</strong> timeappointed or allowed:Provided that <strong>the</strong> costs of any application to extend such time and ofany order made <strong>the</strong>reon shall be borne by <strong>the</strong> parties making such application,unless <strong>the</strong> court orders o<strong>the</strong>rwise.[Order 50, rule 7.]Enlargement of timeby consent.[Order 50, rule 8.]Computation of days.[Order 50, rule 9.]Time of day ofservice.o<strong>the</strong>r document of any kind whatsoever may be enlarged by consent in writingof <strong>the</strong> parties or <strong>the</strong>ir advocates without application to <strong>the</strong> court.8. In any case in which any particular number of days not expressed tobe clear days is prescribed under <strong>the</strong>se Rules or by an order or direction of <strong>the</strong>of <strong>the</strong> last day.9. (1) This rule applies to pleadings, notices, summonses (o<strong>the</strong>r thansummonses on plaints), orders, rules and o<strong>the</strong>r proceedings.(2) Service shall normally be effected on a weekday o<strong>the</strong>r than Saturday(3) For <strong>the</strong> purpose of computing any period of time subsequent to service