the civil procedure act - Kenya Law Reports

92CAP. 21 Civil Procedure [Rev. 2010[Subsidiary](3) Where an amended defence is served on a plaintiff—(a) if the plaintiff has already served a reply on that defendant, he mayamend his reply; and(b) the period for service of his reply or amended reply is fourteendays after the service on him of the amended defence.(4) References in subrules (2) and (3) to a defence and a reply includereferences to a counterclaim and a defence to counterclaim respectively.(5) Where an amended counterclaim is served on a party (other than theplaintiff) against whom the counterclaim is made, subrule (2) shall apply asif the counterclaim were a statement of claim and as if the party by whom thecounterclaim is made were the plaintiff and the party against whom it is madewere a defendant.(6) Where a party has pleaded to a pleading which is subsequentlyamended and served on him under subrule (1), then, if that party does not amendhis pleading under the foregoing provisions of this rule, he shall be taken to relyon it in answer to the amended pleading, and Order 2 rule 12 (2) shall have effectat the expiry of the period within which the pleading could have been amended.[Order 8, rule 2.]Application fordisallowance ofamendment.2. (1) Within fourteen days after the service on a party of a pleadingamended under rule 1 (1), that party may apply to the court to disallow theamendment.if an application to make the amendment in question had been made under rule3 at the date when the amendment was made under rule 1 (1) leave to make theamendment or part of the amendment would have been refused, it shall orderthe amendment or that part of it to be struck out.(3)Any order made on an application under this rule may include suchterms as to costs or otherwise as the court thinks just.[Order 8, rule 3.]Amendment ofpleading with leave.3. (1) Subject to Order 1, rules 9 and 10, Order 24, rules 3, 4, 5 and 6and the following provisions of this rule, the court may at any stage of theproceedings, on such terms as to costs or otherwise as may be just and in suchmanner as it may direct, allow any party to amend his pleadings.(2) Where an application to the court for leave to make an amendmentsuch as is mentioned in subrule (3), (4) or (5) is made after any relevant periodnevertheless grant such leave in the circumstances mentioned in any suchsubrule if it thinks just so to do.(3) An amendment to correct the name of a party may be allowed undersubrule (2) notwithstanding that it is alleged that the effect of the amendmentto be corrected was a genuine mistake and was not misleading or such as to