the civil procedure act - Kenya Law Reports

Rev. 2010] Civil Procedure CAP. 21 93cause any reasonable doubt as to the identity of the person intending to sue orintended to be sued.(4) An amendment to alter the capacity in which a party sues (whetheras plaintiff or as defendant by counterclaim) may be allowed under subrule (2)of the plaint or counterclaim, he could have sued.[Subsidiary](5) An amendment may be allowed under subrule (2) notwithstandingthat its effect will be to add or substitute a new cause of action if the new causeof action arises out of the same facts or substantially the same facts as a causeof action in respect of which relief has already been claimed in the suit by theparty applying for leave to make the amendment.4. Rule 3 shall have effect in relation to an originating summons, apetition and an originating notice of motion as it has effect in relation to a plaint.5. (1)For the purpose of determining the real question in controversybetween the parties, or of correcting any defect or error in any proceedings,the court may either of its own motion or on the application of any party orderany document to be amended in such manner as it directs and on such terms asto costs or otherwise as are just.[Order 8, rule 4.]Amendment oforiginating process.[Order 8, rule 5.]General power toamend.(2) This rule shall not have effect in relation to a judgment or order.6. Where the court has made an order giving any party leave to amend,within fourteen days, the order shall cease to have effect, without prejudice tothe power of the court to extend the period.[Order 8, rule 6.]Failure to amendafter order.7. (1) Every pleading and other documents amended under this Ordershall be endorsed with the date of the amendment and either the date of theorder allowing the amendment or, if no order has been made, the number ofthe rule in pursuance of which the amendment was made.[Order 8, rule 7.]Mode of amendment.(2) All amendments shall be shown by striking out in red ink all deletedwords, but in such a manner as to leave them legible, and by underlining inred ink all added words.(3) Colours other than red shall be used for further amendments to thesame document.8. The court may hear and determine an oral application made underthis Order.[Order 8, rule 8.]Procedure.ORDER 9RECOGNIZED AGENTS AND ADVOCATES1. Any application to or appearance or act in any court required or[Order 9, rule 1.]