the civil procedure act - Kenya Law Reports

70[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010(a) which he alleges makes any claim or defence of the opposite partynot maintainable;(bby surprise; or(c) which raises issues of fact not arising out of the preceding pleading.(2) Without prejudice to subrule (1), a defendant to an action for therelies, and a plea that he is in possession of the land by himself or his tenant[Order 2, rule 5.]Matter may bepleaded wheneverarising.[Order 2, rule 6.]Departure.5. Subject to rules 3 (1) and 6, a party may in any pleading plead anyplaint.6. (1) No party may in any pleading make an allegation of fact, or raiseany new ground of claim, inconsistent with a previous pleading of his in thesame suit.(2) Subrule (1) shall not prejudice the right of a party to amend, orapply for leave to amend, his previous pleading so as to plead the allegationsor claims in the alternative.[Order 2, rule 7.]Particulars indefamation actions.7. (1) Where in an action for libel or slander the plaintiff alleges that thewords or matters complained of were used in a defamatory sense other thantheir ordinary meaning, he shall give particulars of the facts and matters onwhich he relies in support of such sense.(2) Where in an action for libel or slander the defendant alleges that, inso far as the words complained of consist of statements of fact, they are true insubstance and in fact, and in so far as they consist of expressions of opinion,they are fair comment on a matter of public interest, or pleads to the like effect,he shall give particulars stating which of the words complained of he allegesare statements of fact and of the facts and matters he relies on in support of theallegation that the words are true.(3) Where in an action for libel or slander the plaintiff alleges that thedefendant maliciously published the words or matters complained of, he neednot in his plaint give particulars of the facts on which he relies in support ofthe allegation of malice; but if the defendant pleads that any of those words ormatters are fair comment on a matter of public interest or were published upona privileged occasion and the plaintiff intends to allege that the defendant wasand matters from which the malice is to be inferred.