the civil procedure act - Kenya Law Reports

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198[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010(3) An application under section 45 (4) of the Act shall be served on theguardian, committee or trustee as the case may be.(4) An application under section 45 (5) of the Act shall be served on theparty and on the advocate or the advocate’s legal personal representatives asthe case may be.[Order 52, rule 4.]Power to orderadvocate to deliveraccounts anddocuments.4. (1) Where the relationship of advocate and client exists or has existedthe court may, on the application of the client or his legal personal representative,make an order for—(a) the delivery by the advocate of a cash account;(b) the payment or delivery up by the advocate of money or securities;(c) the delivery to the applicant of a list of the money or securitieswhich the advocate has in his possession or control on behalf ofthe applicant;(d) the payment into or lodging in court of any such money orsecurities;(e) the delivery up of papers and documents to which the client isentitled.(2) Applications under this rule shall be by originating summons,(3) If the advocate alleges that he has a claim for costs the court maymake such order for the taxation and payment, or securing the payment, thereof[Order 52, rule 5.]Application fortaxation by thirdparties.[Order 52, rule 6.]Application forcharging order.[Order 52, rule 7.]Application for orderfor enforcement of anundertaking.5. (1) An application under section 50 (1) of the Act shall be by originating(2) The summons shall be served on the advocate and on the partychargeable with the bill.6. (1) An application for a charging order under section 52 of the Act shall(2) The application shall be served on the client.7. (1) An application for an order for the enforcement of an undertakinggiven by an advocate shall be made—(a) if the undertaking was given in a suit in the High Court, by summonsin chambers in that suit; or
Rev. 2010] Civil Procedure CAP. 21 199(b) in any other case, by originating summons in the High Court.(2) Save for special reasons to be recorded by the judge, the order shall in8. (1) A memorandum of appeal under section 62 (1) or section 73 (1)(2) Unless the court otherwise orders, the persons to be served with thememorandum of appeal shall be the society and every party to the proceedingsbefore the Disciplinary Committee.(3) A person who has not been served with the memorandum of appealbut who desires to be heard in opposition to the appeal may be heard if the courtconsiders him a proper person to be heard.9. (1) An appellant under section 62 (1) or section 73 (1) of the Act mayserving it on every party to the appeal and on the society.(2) Where an appeal has been discontinued under sub-rule (1) it shall betreated as having been dismissed with an order for the payment by the appellantof the costs of and incidental to the appeal.10. (1) An originating summons under this Order shall be made returnablebe served on all parties at least seven clear days before the return date.ORDER 53[Subsidiary][Order 52, rule 8.]Title and service ofappeal.[Order 52, rule 9.]Discontinuance ofappeal.[Order 52, rule 10.]Procedure.APPLICATIONS FOR JUDICIAL REVIEW1. (1) No application for an order of mandamus, prohibition or certiorarishall be made unless leave therefor has been granted in accordance with this rule.(2) An application for such leave as aforesaid shall be made ex parte toa judge in chambers, and shall be accompanied by a statement setting out thename and description of the applicant, the relief sought, and the grounds on[Order 53, rule 1.]Applicationsfor mandamus,prohibition andcertiorari to be madeonly with leave.(3) The judge may, in granting leave, impose such terms as to costs andinsurance bond from a reputable institution.(4) The grant of leave under this rule to apply for an order of prohibition
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