the civil procedure act - Kenya Law Reports

8 CAP. 21 Civil Procedure[Rev. 2010Cap. 5 (1948),39 of 1956,L.N. 299/1956,L.N. 300/1956,46 of 1963,19 of 1964,17 of 1967,8 of 1968,21 of 1968,38 of 1968,10 of 1969,11 of 1970,4 of 1974,14 of 1977,13 of 1978,13 of 1980,1 of 1981,L.N. 22/1984,L.N. 50/1985;L.N. 36/2000,L.N. 128/20016 of 2009.Short title andapplication.17 of 1967, s. 37.Cap. 10.Objective of Act.6 of 2009, Sch.CHAPTER 21THE CIVIL PROCEDURE ACTCommencement: 31st January, 1924An Act of Parliament to make provision for procedure in civil courtsPART I—PRELIMINARY1. (1) This Act may be cited as the Civil Procedure Act.(2) This Act applies to proceedings in the High Court and, subjectto the Magistrate’s Courts Act, to proceedings in subordinate courts.1A (1) The overriding objective of this Act and the rules madehereunder is to facilitate the just, expeditious, proportionate andaffordable resolution of the civil disputes governed by the Act.(2) The Court shall, in the exercise of its powers under this Actor the interpretation of any of its provisions, seek to give effect to theDuty of Court.6 of 2009, Sch.(3) A party to civil proceedings or an advocate for such a partyis under a duty to assist the Court to further the overriding objective ofthe Act and, to that effect, to participate in the processes of the Courtand to comply with the directions and orders of the Court.1B. (1) For the purpose of furthering the overriding objectivebefore it for the purpose of attaining the following aims—(a) the just determination of the proceedings;(b(c