AN ANALYSIS OF THE SUMMARY PROCEDURE LAWS OF KENYA AS A WAY OF EFFECTIVE AND SPEEDY CIVIL LITIGATION

ABSTRACT:

Trial as a rule must precede judgment, under summary procedure instead of trial first and

then judgment, there is judgment at once and never a trial. The dissertation is an analysis

of order XXXV of the rules of Kenya which deals with smmnary procedure. The research

is mainly going to focus on the efficacy of the order. The order is intended to enable a

plaintiff with a liquidated claim to which there is clearly no good defense to obtain a

quick and summary judgment without being necessarily kept from what is due to him by

delaying tactics of the defendant. This order is intended to guard against wasting the

courts time and that of the litigant on the claims that are clear.

This study entails the summary procedure as a way of effective and speedy civil litigation

by analyzing its nature and availability to parties to the suit, the conditions that the parties

are to satisfy, the comts inherent powers, discretion and jurisdiction in the matter. The

scope of this study is of the republic of Kenya; however reference will be made to code

of civil procedure of India and practice of England to which Kenya's civil procedure

rules are modeled from.

The analysis of the said rules is to ascertain the efficacy of civil procedure and if the rule

offers a speedy mode of civil litigation. In the process of analysis I shall see if the process

used offers justice in the matter because justice should not only be done but it should be

seen as being done.

VIII

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