Case-track system

Order 3 rule 1 introduces case-track system (small claims, fast track and multi-track) and how the tracks are to be determined. The  claim  shall  indicate  at  the  heading  the  choice  of  track; namely “small claims”, “fast track” or “multi-track”.

“small claim” refers to a simple claim, involving not more than two parties and whose monetary value does not exceed Kshs. 49,999/

 “Fast  track”  refers  to  a  case with undisputed  facts  and  legalissues;  relatively  few parties;  and would  likely be  concluded within  one  hundred  and  eighty  days  after  the  pre-trial directions under Order 11.

 “Multi-track” refers to a case with complex facts and legal issues; or several parties and which would likely be concluded within two hundred and forty days from the date of the pre-trial directions under Order 11.

In choosing a case track, the plaintiff should have regard to all relevant considerations including the following-

(a)  the complexity of the issues of fact, law or evidence;
(b)  the financial value of the claim;
(c)  the likely expense to the parties;
(d)  the importance of issues of law or fact to the public;
(e)  the nature of the remedy sought;
(f)  the number of parties or prospective parties; and
(g)  the time required for pre-trial disclosures and for preparation for trial or hearing;

All suits must under Order 3 rule 2 be accompanied by verifying affidavit, list of witnesses, statements of witnesses save for experts and copies of documents including demand notice. The witness statements may under the proviso to this rule with leave of the court be furnished at least 15 days before the trial conference.


Like Us on Facebook

Contact Form


Email *

Message *