THE PLAINT (GENERALLY)

 The plaint is the pleading in which the plaintiff states the basis of the
lawsuit.
Generally the plaint does the following:
1. Identifies the plaintiffs and defendants in the lawsuit, and
describes their status and capacity to sue and be sued
2. Describes the factual basis for the lawsuit
3. Makes a request or demand for some relief from the court.
4. Contains a statement showing that the court in which it is
filed has the proper jurisdiction and venue.
Format
1. The caption – the part of the plaint that identifies the court in
which the plaint is filed, the names of the plaintiffs and defendants,
the title of the document and track.

REPUBLIC OF KENYA
IN THE HIGH COURT AT NAIROBI
ENVIRONMENT AND LAND DIVISION
E.L.C. NO. OF 2014
JOHN WHITE HEAD.............................................................PLAINTIFF

-VERSUS-

KEY NORTH EAR..................................................................DEFENDANT

PLAINT (FAST TRACK)

 The choice of the case track is determined by the parties from
either small track, fast track or multi-track (O.3 r.1); where:
a) Small claim shall indicate that the case involves a simple claim
involving just two parties and the monetary value of the suit does not
exceed Kshs49,999
b) Fast track is for cases with undisputed facts and legal issues, it
involves relatively few parties and will likely be concluded within
180 days after the pre-trial directions
c) Multi-track is for cases with complex facts and legal issues or
involves several parties and will likely be concluded within 240
days after pre-trial directions.

2. The body – a description of the parties, factual basis for the

lawsuit, and a description of the loss or damages incurred.
 The plaint shall be divided into paragraphs and numbered consecutively.
 Description of the parties, the brief facts and the claim/allegation

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 shall be contained in separate paragraphs as far as possible (O2
r2(1)).
 The description of parties shall only be of relevant or material
information and shall include the address for service.
 There should be a brief statement summarizing the material facts
upon which the party relies for his claim. No evidence should be
pled (O2 r3(1)).
 The facts should disclose where course of action arose (O4 r1(1)(d).
 Dates, sums and other numbers shall be expressed in figures (O2 r2(2)).
 Every plaint shall contain the particulars of any claim including:
a) particulars of any misrepresentation, fraud or willful default on
which the plaintiff relies; and
b) where a party pleading alleges any condition of the mind of any
person whether disability of mind, malice, fraudulent intention
upon which party pleading relies (O2 r10(1))

 The claims may be multiple, and if so, the particulars of each claim
should be included after each claim.
 The claims may be in the alternative, therefore giving the plaintiff
options on what claim shall be settled by the court.
 NOTE claims in the alternative cannot be settled together. The
court settles the claim that has been appropriately proved and
which the court deems such settlement shall justly determine the
matter.

3. The prayer – a request for some relief or remedy from the court.
 It shall not be necessary to ask for general damages and costs &
interest thereon as the same shall be granted by the court as it thinks
just (O4 r6).
 However, every plaint shall specifically state the relief sought,
either specifically or in the alternative (O4 r6).
 There shall be as many prayers as there are claims and they
should be headed to distinguish which prayer is for which claim
(O4 r7)

4. Statements showing proper jurisdiction and venue.

i. A statement averring the jurisdiction of the court to ensure party is
aware that the court has territorial and pecuniary jurisdiction over
the matter; and
ii. a statement to aver that there is no suit pending nor has there been
any previously determined proceeding on the subject matter (O4 r1(f))

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 (cap21, s.6 – sub judice & s.7 – res judicata )
 A statement indicating that demand has been made to right the
wrong but the same has not been complied with. It is necessary to
evidence notice has been made to the other party of the suit.
 NOTE the demand letter is an accompanying document as under O3
r2(d) and where it is pleaded, it should have been made.

5. The subscription and verification – the signature of the advocate

filing the document, the date, and plaintiff’s statement (verifying
affidavit), under penalty of perjury, that the contents of the plaint
are true
 The advocate shall sign the plaint and indicate giving his address as
the person who has drawn it to adhere with s.35 cap16
 The address of the person being served should also be provided
 A verifying affidavit sworn by the plaintiff should accompany the plaint (O4
r1(2)).
 Ensure that the verat is contained on the same page as the signature of the
plaintiff
 The suit will commence once the plaint has been filed (O3 r1(1)).

Issues for consideration

 Before you begin to draft any plaint you should analyze your case,
determine the purpose of your pleading and outline the general
content of your document. Specifically you should know:
i. Who will be named as parties and how they will be named
ii. The type of claims or causes of action that will be included in the
plaint
iii. The type of relief you are demanding
iv. How you will show that jurisdiction and venue are proper.

 Only when you have done this preliminary analysis should you
begin to actually draft a plaint.

Parties to the lawsuit

1. Real Party in Interest

 The plaintiff in any lawsuit should be the one who is entitled to the
relief sought in the plaint.
 This is known as the real party in interest.
 However, at times a special relationship exists that creates a
different situation. For example, an executor may wish to sue on
behalf of an estate, or a trustee may sue on behalf of a trust, or a

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 collection agency may wish to sue on a debt assigned to it for
collection.
Status
 Status of a party refers to the type of entity that describes the party.
 Most commonly a party to a lawsuit will be an individual, a
corporation, a partnership or other unincorporated business, or a
governmental agency.
 The status of the party will usually be described both in the caption
and in a separate allegation within the body of the plaint.

 Therefore: PARADISE FOUND, INC....DEFENDANT

 In addition, within the body of the plaint you would include a

paragraph describing the status, such as the following: The
Defendant, PARADISE FOUND, INC., is and was at all times herein
mentioned a corporation duly organized and existing under the
Companies Act, Cap 486 Laws of Kenya.
Capacity
 You also need to make certain that the parties named in the plaint
have capacity, or the legal right, to sue, or be sued.
 Children and incompetents do not have the capacity to pursue their own
lawsuits.
 Every suit by a minor shall be instituted in his name by a person
who shall be called the next friend of the minor (O32 r2(1)) who shall
sign a written authority to the advocate for such purpose which shall
be filed (r2(2).
 Where the defendant is a minor, the court upon being satisfied of
his minority, will appoint a a guardian ad litem, defend the
suit(O32 r3(1)).
 Even the parents of a child cannot file a lawsuit on their child’s
behalf unless they have been appointed as guardians by the court.
 An order for the appointment of a guardian ad litem may be
obtained upon application in the name or on behalf of the minor or
by the plaintiff (O32 r3(2)).
 The application is by motion or a petition supported by an affidavit
verifying that proposed guardian has no interest adverse to those
of the minor in the suit and that they are competent to be so
appointed (O32 r3(3))
 The following is an example of how parties would be designated in such a
case.

MARY MWASUDI, a minor, by GEORGE MWASUDI, her next friend....................................PLAINTIFF

4
Vs

DEF CORPORATION.....................................................................................................DEFENDANT
Corporations and Other Business Entities

 A corporation is a “person” for legal purposes, including lawsuits.

 As such it has capacity to sue and be sued in the corporate name.
 However, exceptions do occur. If the corporation fails to act like a
corporation – not holding meetings, failing to keep corporate assets
separate from personal assets, etc., and - then the individuals
behind the corporation can be sued individually (piercing the
corporate veil)
 The directors, officers, or shareholders of a corporation will also be
named individually as defendants if they have personally done
something wrong.
 An unincorporated association, such as a partnership, does not
have legal existence, separate and apart from the partners.
 It is proper, therefore, for such an organization to sue and be sued
in the name of its members.
 However, where the members claim to be partners and were
carrying on business in Kenya when the cause of action arose, may
sue or be sued in the firm name (O30 r1).
 When suing a partnership or other unincorporated business entity, it
is common to list both the partners’ names and the business name:
ABOUD ALI and MANSOUD ALI, a partnership, T/A HEARTH &
HOMES REAL ESTATE CO. …DEFENDANTS

Governmental Agencies

 There are limits which regulate the circumstances under which a

governmental entity can be sued.
 Even when a statute permits the government to be sued, the law
requires that notice be given to a governmental agency before
actually filing suit

 In such a case it will be necessary to allege in the body of the plaint

that this has been done (O.1 r.11).
Special Problems with parties

 Parties using fictitious names. If a plaintiff uses a fictitious name in

his business, a lawsuit that he files related to that business should
identify the plaintiff by his proper name.
 If he wishes, the plaintiff may indicate that he is doing business under
another name.

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  The plaintiff would then be identified as follows:

MARTIN KACHUMBARI, T/A KACHUMBARI DINER ………………PLAINTIFF

 When the defendant is doing business under a fictitious name, the

true name of the party may be unknown to you when you are
preparing the plaint.
 You can undertake the requisite due diligence but you may be
unable to gather accurate information.
 It is therefore necessary to identify the defendant in the plaint by the
fictitious name.
 In such a case, when the true name of the defendant or defendants
is determined, the plaint can generally be amended (O1 r9)

Fictitious Defendants

 This term refers to defendants whose very identity is unknown.

 Fictitiously named defendants are commonly named in plaints to
cover a situation in which a new defendant is discovered after the
statute of limitations has run.
 In such a case the advocate argues that the plaint was filed against
the newly discovered defendant within the statute of limitations, he
was just referred to by an incorrect name.
 The advocate then tries to amend the plaint to “correct” the name.
 The CPR, 2010 allows plaintiffs to name a newly discovered
defendant even after the statute of limitations has run as long as
the new party had received notice that the lawsuit has been filed
within the time allowed for service, would not be unduly
prejudiced, and knew that but for a mistake, he or she would have
been named as a party in the original suit.
 In such a case, the date of filing against the new party “relates back”
to the original filing date (O1 r7, 9, 10(2).
Joining Multiple Parties

 Joinder that is allowed but not required is known as permissive

joinder; and joinder that is required is known as compulsory
joinder.
 The rules regarding permissive joinder, joinder of parties that is
allowed but not required, are usually very liberal.
 Parties are permitted to be joined together in a plaint as plaintiffs or
defendants as long as there is some common question of law or fact

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 and the claim arises out of the same occurrence or series of
occurrences. (O1 r1 & 3).
 Generally, if the court cannot resolve the matter without the
presence of a party, then joinder of the party is required. (O1
r10(2)).
 Example: suppose that title to a certain piece of real property is in
question, and four different individuals are claiming ownership.
 If one of those parties files a lawsuit to determine ownership
(known as quiet title action), he would have to name the other
three claimants as defendants.
 The court could not determine ownership unless all four parties were
before the court. When parties are required to be joined in the
lawsuit, they are sometimes referred to as indispensable parties.
 Even when it appears that joinder of certain parties is essential to the
case, if jurisdiction over one of the parties is impossible to obtain, the
court may allow the matter to proceed without that party being
named.

Representative Suits

 At times the number of potential plaintiffs in an action becomes too

numerous to be practical.
 When this happens, a representative suit can result.
 A representative suit occurs when one or more parties who share a
claim with a multitude of others file a lawsuit in their own names and
also claim to represent numerous others in a similar situation.
 To maintain a representative suit, the party filing the lawsuit must
usually get permission from the court to proceed with the action.
 If the court grants permission, it will also direct that all members of
that class being represented get notice of the action (O1 r8(1)).
 The parties represented must give the authority to be represented in
writing and signed by the party giving authority, where after, the
authority shall be filed in the case (O1 r13(2)).
 Generally, the court also orders that all class members who can be
identified should get individual notice, where practicable.

 Included in the notice to all potential members of the class is

usually an explanation that any potential class member can request in
writing that he or she be excluded from the class.
 If a member does not request exclusion, that class member will be
bound by any judgment in the case.(O1 r8(2)).

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Self-reflection
 The Constitution guarantees the right to institute court
proceedings claiming that a right or fundamental freedom in the
Bill of Rights has been denied, violated or infringed, or is
threatened. (Art.22(1))
 Further, it guarantees the right to institute those proceedings on
behalf of a group or class of persons (Art.22 (2) (b)) and in the
interest of the public. (Art.22 (2) (c)).

Jurisdiction and venue

 The plaint in any action must contain some allegation showing that
the lawsuit is being filed in the proper court.
 The jurisdiction of the courts is either territorial or pecuniary.
 Territorial jurisdiction refers to the area to which the jurisdiction of the court
extends.
 Pecuniary jurisdiction relates to the maximum monetary value for the
cases which the court is going to entertain.
 Generally, a claim must be instituted in the court of the lowest
grade competent to hear it.
 However, where a case involves an important point of law, it may
be instituted in a court other than that of the lowest grade. (s.11).
 Suits involving immovable property must be instituted in the courts
within the local limits whose jurisdiction the property is situated.
(s.12)
 In cases of personal injuries, breaches of contracts or statutory
obligations they should be instituted where the cause of action arose
or where the defendant resides or works for gain. (s.14).
 Where there is more than one defendant, the suit may be filed in a
court in whose jurisdiction one of the defendants resides or works.
(s.15)

Claim or cause of action

 When reviewing the facts that are alleged in the plaint, the
defendant’s advocate and the court should be able to tell that there
is a legal basis for the lawsuit, even though the legal basis need not
be expressly stated in the plaint.
 The plaint must contain sufficient facts to put the defendant on
notice as to why he is being sued, this is known as notice pleading.
 The use of more detailed allegations in a plaint may have an effect
on later discovery and disclosure rights and obligations and should

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 be carefully considered.
 Facts and not legal theories should be alleged. For example,
Example 1:

Plaint for Specific Performance of Contract to Convey Land

On or about December 1, 2013, plaintiff and defendant entered into an agreement in writing a
copy of which is hereto annexed as Exhibit A
In accord with the provisions of the said agreement plaintiff tendered to the defendant the
purchase price and requested a conveyance of the land, but defendant refused to accept the
tender and refused to make the conveyance.

Particulars of Breach of Contract

failing to adhere to the terms of the contract

refusing to accept the terms of the contract
refusing to convey make the conveyance over to the plaintiff as according to the terms of the
contract
Plaintiff now offers to pay the purchase price.

Handling multiple claims

 A plaint may contain any number of causes of action or counts.

 Whenever a cause of action arises out of the same general factual
situation, the rules of pleading usually allow them to be joined in
the same plaint.
 As a general rule, if the claims provide different remedies or are
proven by different facts or evidence in the case, they should
probably be separated into distinct causes of action.
 However, because the rules of pleading are so liberal, if two or
more claims were combined into one cause of action, the court
would either allow the pleading to stand as written or allow it to be
amended.
 A question arises when a plaint contains two inconsistent causes of action.
 For example, consider the following situation

EXAMPLE

Brian signs a contract with Dave to buy a house for Kshs.2,000,000

Before the time for the deal to close, Dave informs Brian that he has changed his mind and will
not sell
As of the date of sale, the value of the house has increased to Kshs.2,200,000

Brian now has a choice.

Does he want the house, or should he make Dave pay for any damages that he incurred
because he did not get the house (the damages being the difference the purchase price and the fair 9
market value at the time and place of sale).
If he gets the house at the original contract price, he will not have incurred the loss of profit in
the house.
  Therefore, asking both for specific performance of the contract
and for damages because it was not performed is inconsistent.
 The rules of pleading usually allow the plaintiff to allege causes
of action that are inconsistent.
 However, the plaintiff will not get a judgment on both of them.

Handling multiple parties

 Multiple plaintiffs they should be joined within the same cause of

action if they have a joint claim or if they are suing for the same
thing.
 For example, where Paul & Margaret Mbugua, husband and wife
are suing for the same thing, i.e., the damages that they sustained in
buying a non-existent plot, they are not each suing for half of the
damages.
 They are suing together for the total damages. Therefore they
should be joined in the same cause of action.
 When the plaintiffs are suing for something different, however,
their claims should be in separate causes of action.
 For example, suppose that James and Bertha Menge, husband and
wife, are both injured in the same automobile accident and wish to
sue the driver of the other vehicle.
 In such a case they are suing for different things.
 He is suing for his injuries, and she is suing for her injuries. This
would therefore have two separate causes of action.
 However, the two causes of action would be in one plaint.
 When there is some common factual or legal basis among the
various causes of action, they can be joined in one plaint.

Demand for Relief

 Every plaint filed in an action contains a demand for relief from the
court, often called a prayer.
 Courts have the power to two different types of relief, money
damages and equitable relief.
 Money damage usually means the award of money to the plaintiff
as compensation for some loss.
 Equitable relief, involves the court ordering the defendant to do
something or to stop doing something.
Money damages
 These damages are known as compensatory damages as they
compensate the plaintiffs for a loss they have sustained.

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  They may be referred by other names depending on the kind of
suit, for example in personal injury suits they may be known as
special damages – out of pocket expense, e.g., doctors bills, loss of
earnings, or general damages - pain and suffering, loss of use of a
limb or disfigurement caused by a scar.
 Sometimes the money damages would be in form of punitive or exemplary
damages.
 These are meant to punish the defendant and are awarded only
when the defendant has committed some extremely offensive act or
that it is in the public interest that such party be so punished as the
breach of right affects society.
 In the course of the suit, the parties will inevitably incur substantial expenses,
or costs.
 These can include filing fees, process server fees, deposition fees,
and expert witness fees.
 Costs are not included in compiling the plaintiff’s damages.
 If the plaintiff wins the lawsuit, he will generally be awarded
certain costs in addition to the actual damages.
 However, should the defendant win the case, he will be awarded
his costs from the plaintiff.
 The issue of cost is however discretionary to the court.
 One element that is usually not included in the list of recoverable
costs (unless the lawsuit is based on a contract that specifically
provides for the payment thereof) are the advocate’s fees.
 Parties are expected to pay their own advocate’s fees.

Equitable relief

 Some legal disputes cannot be settled by an award of money damages.

 For example, suppose Max sells Fred his business.
As part of the sales agreement, Max agrees not to open a competing business within a 50km
radius for a period of two years.
However, two months after the sale, Max opens a competing business across the street from
Fred.
As a result, Fred’s business income substantially decreases. Although the money damages
might compensate Fred for his past loss, if Max continues in business Fred will continue to lose
money.

 Fred would therefore prefer that the court order Max to close down his
competing
business.
 Such an order would be known as equitable relief.
 A plaint may combine a request for equitable relief and money damages.

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  Some of the more common types of equitable relief are:
i. Specific performance
ii. Rescission
iii. Restitution
iv. declaratory relief
v. quiet title and
vi. injunction.

Provisional remedies

 In most courts, substantial time elapses between the filing of a

plaint and the actual trial in that case.
 When injunctive relief is the primary object of a suit, the plaintiff
often requests some immediate provisional remedy from the court
as soon as a plaint is filed.
 Provisional remedies usually include a temporary restraining
order, which usually compels the defendant to stop certain conduct
immediately.
 This order will remain in effect for a very short time, usually until a
hearing can be scheduled in court.
 This hearing is for arguments from either side in support or against
the TRO to remain in effect until the main trial or to be removed.
 Should the court decide to keep the restraining order in effect, it
will issue a preliminary injunction, an order remains in effect until
the trial, at which time the injunction would become permanent if
the plaintiff proves his case.

Cases
Justus Kyalo Mutunga v. Labh Singh Harnam[2012]Eklr

Gachui Akothae Rengerua v Zena Salim Ahmed (Suing as the

administratrix of the estate of Salim Ahemed Salem)[2012] eKLR

SAMPLE OF A PLAINT

REPUBLIC OF KENYA
IN THE HIGH COURT AT MERU
CIVIL SUIT NO. OF 2012
ANITA WANJA M’IKIRIMA
(suing as legal representative of the estate of PURITY KAGWIRIA
(deceased)................ ................................................................................................................................................

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..PLAINTTIFF

VERSUS
JAPHET MBAE RUTERE………………………………………………………….1ST DEFENDANT

DENNIS MWONGERA MBAE………………………………………………2ND DEFENDANT

PLAINT

“Fast Track”

1. The Plaintiff is an adult of sound mind residing and working for gain
within Imenti South District and her address of service for purposes of
this suit is care of; KIAUTHA ARITHI & CO. ADVOCATES 1ST FLOOR, KCB
BUILDING NJURI NCHEKE STREET P.O. BOX 2418- 60200 MERU.
2. The 1st Defendant residing and working for gain within the Republic of
Kenya and his address of service for purposes of this suit is P.O. BOX 368
– 60202, NKUBU (service to be effected through the Plaintiff’s Advocates
office).
3. The 2nd Defendant is a male adult of sound mind residing and working
for gain within the Republic of Kenya and his address of service for
purposes of this suit is P.O. BOX 368 – 60202, NKUBU (service to be
effected through the Plaintiff’s Advocates office).
4. At all material times relevant to this suit the 1ST Defendant was the
registered owner of motor vehicle registration No. KAM 413Y Toyota saloon
and the 2nd Defendant was his driver, agent, servant and/or employee.
5. On or about the 31st day of December 2008, at around 10.30 p.m. the
deceased was lawfully standing off Meru – Nkubu road at Equator area
when the 1st Defendant so negligently, recklessly and carelessly drove,
controlled and/or managed motor vehicle registration No. KAM 413Y
that he caused it to veer off the road and crush the deceased occasioning
upon her fatal injuries which led to her death.

PARTICULARS OF NEGLIGENCE OF THE 2NDDEFENDANT

a) Driving at a speed which was too fast in the circumstances.
b) Failing to keep any or any proper look-out or to have any or any
sufficient regard for pedestrians on the said road.
c) Mounting on the pedestrian path and there colliding with the deceased.
d) Failing to exercise or to maintain any or any sufficient or adequate
control of the said motor vehicle.
e) Failing to heed the presence of the deceased on the said road.
f) In the alternative driving a defective motor vehicle incapable of proper control.
g) Failing to stop, slow down or in any other way so manage or control the
said motor vehicle as to avoid mounting the said pedestrian path and
there colliding with the deceased.
h) Causing the death of the deceased.

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Where applicable the Plaintiff shall rely on the doctrine of Res Ipsa Loquitor.
6. The Plaintiff’s claim is brought under the Fatal Accident Act Cap 32 Laws
of Kenya and the Law Reform Act Cap 26 Laws of Kenya.
7. Particulars pursuant to the Law Reform Act. At the time of her death, the
said PURITY KAGWIRIA was 25 years of age. She enjoyed good health
and was living a happy and vibrant life with a normal expectation of life
and by her sudden and premature death, her expectation of a healthy
and happy life was considerably shortened and her said estate has
suffered expenses, loss and damage.
8. Particulars pursuant to the Fatal Accidents Act
a) The Plaintiff herein instituted this suit as the legal representative of the
estate of the deceased.
b) The name of the dependant for whose benefit this action is brought is;
i) ANITA WANJA M’KIRIMA – Mother
c) The nature of the claim in respect of which damages are sought is as follows.
At the time of her death of the deceased was aged 25 years of age, she
enjoyed good health and lived a happy and vigorous life. She was a
businesswoman by profession. Her income from her cereal business
brought her an income of Kshs.20,000/= per month. She had good
prospects of considerable advancement in her cereal business where her
annual income was likely to increase progressively from month to month
out of the said income, she used part of the same to support her family
who were dependants upon here and by her death they have lost the said
means of support and have therefore suffered loss and damage. As a
result, she suffered special damages amounting to the following;

PARTICULARS OF SPECIAL DAMAGES

a) Police abstract – Kshs. 200/=
b) Death certificate – Kshs. 250/=
c) Post mortem – Kshs. 2,500/=
d) Mortuary charges – Kshs. 4,800/=
e) Post mortem report – Kshs. 5,000/=
f) Funeral and burial expenses – Kshs.39,470/=
g) Legal fees in grant of letters of administration -MeruHc. Misc. Succ. No.
171/09 – Kshs.30,000/= Total – Kshs.82,220/=

9. The Plaintiff’s claim against the Defendant is for general damages under
both the Law Reform Act and Fatal Accidents Act, Special damages, costs
and interests of the suit.
10. The 1st Defendant being the registered owner of motor vehicle
registration No. KAM 413Y must have allowed, condoned and/or
commissions of his driver, agent, servant and/or employee and is
therefore vicariously liable for his tortious actions.
11. Despite demand and notice of intention to sue having been given, the
Defendants have refused, failed, ignored and/or neglected to make good
the Plaintiff’s claim hence necessitating the institution of this suit.
12. There is no other suit pending or concluded between the same parties

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 herein
and over the same subject matter.
13. The cause of action arose within the jurisdiction of this Honourable
court.

REASONS WHEREFORE the Plaintiff prays for judgment against the Defendants jointly and
severally for;
a) General damages under both the Law Reform Act and the Fatal Accidents Act.
b) Special damages of Kshs.82,220/=
c) Costs of this suit.
d) Interest at court rate on (a), (b) and (c) above.

DATED AT MERU THIS………………………..DAY OF...........................................2022

FOR KIAUTHA ARITHI & CO.

ADVOCATES FOR THE
PLAINTIFF. DRAWN & FILED
BY:
M/S KIAUTHA ARITHI & CO
ADVOCATES
P.O BOX 2418 –
60200 M E R U.

TO BE SERVED UPON:
JAPHET MBAE RUTERE
DENNIS MWONGERA
MBAE
P.O. BOX 368 –
60202 NKUBU

SAMPLE VERIFYING AFFIDAVIT

REPUBLIC OF KENYA
IN THE CHIEF MAGISTRATE COURT
AT NAIROBI CIVIL SUIT NO. OF
2014

EVERLYNE MUSAKHU.................................................................................. PLAINTIFF

-VERSUS-
MATAKA COMPANY LIMITED………………………….……………...1ST DEFENDANT

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 DEREVA HATARI…………………………………………………………….2ND DEFENDANT

VERIFYING AFFIDAVIT

I, EVERLYNE MUSAKHUof P.O BOX 70803-00400 Nairobi do hereby

make oath and state as follows; -

1. THAT I am the Plaintiff herein and duly authorized to swear this affidavit.

2. THATwhat is stated in the Plaint herein is true, correct and within my

personal knowledge.

3. THATthere is no other suit pending between the parties herein

touching on the matters in question.

4. THAT I swear this affidavit to verify the correctness of the Plaint

herein the contents being true and within my personal knowledge.

SWORN at Nairobi by the said )

EVERLYNE MUSAKHU ) _____________

) deponent

Before me )

COMMISSIONER FOR OATHS )

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