Amendment of Pleadings

Amendment of Pleadings
• Amendment of pleadings is done pursuant to

Order 8 of the Civil Procedure Rules 2010.
• A party may amend its pleadings before the

hearing of the suit
• Amendments can be done:

– Without leave of Court
– With leave of Court
Amendments without leave of Court
• A party is at liberty to amend pleadings
without leave (permission) of the Court before
close of pleadings.
• What is close of pleadings?
– Order 2 Rule 13 provides:
– The pleadings in a suit shall be closed 14 days
after service of the reply or defence or defence
and counterclaim
Amendments with Leave of Court
• After close of pleadings, amendments of
pleadings may only be done with leave of
court.
• The party wishing to amend must first seek
leave of Court.
Mode of Amendments
• All amendments are done by:
– Striking
out all deleted words and
underlining all added words.
–First amendment is done in red
ink.
–Further amendments to the same
documents are done in other
colours other than red and black.
REPUBLIC OF KENYA
IN THE ENVIRONMENT & LAND COURT AT KAJIADO
ELC CIVIL SUIT NO. OF 2021
OLE SANKALE …………………….........…...………PLAINTIFF

-VERSUS-
MREFU MGAYA (THE ADMINISTRATOR
OF THE ESTATE OF JOHN
MGAYA).................DEFENDANT
PLAINT (FAST TRACK)
1. The Plaintiff is a male adult of sound mind residing in
Kajiado within the Republic of Kenya and his address
for purposes of this suit is care of MMA & Co.
EXAMPLE OF A FIRST AMENDMENT
REPUBLIC OF KENYA

-VERSUS-
OF THE ESTATE OF JOHN MGAYA).................DEFENDANT
AMENDED PLAINT (FAST TRACK)
1. The Plaintiff is a male adult of sound mind residing in
Kajiado within the Republic of Kenya and his address for
purposes of this suit is care of MMA & Co. Advocates,
Kajiado. KTK & Co. Advocates, View Park Towers, 3rd Floor,
P.O Box 1000, Nairobi. Tel: 07004000, Email:
EXAMPLE OF A SECOND AMENDMENT
REPUBLIC OF KENYA

-VERSUS-
OF THE ESTATE OF JOHN MGAYA).................DEFENDANT
FURTHER AMENDED PLAINT (FAST TRACK)
1. The Plaintiff is a male adult of sound mind residing in Kajiado
within the Republic of Kenya and his address for purposes of this
suit is care of MMA & Co. Advocates, Kajiado. The Plaintiff is a
male adult of sound mind residing in Kajiado within the Republic
of Kenya and his address for purposes of this suit is care of KTK &
Co. Advocates, View Park Towers, 3rd Floor, P.O Box 1000,
Nairobi. Tel: 07004000, Email: [email protected].
PRE-TRIAL DIRECTIONS AND CONFERENCE
• What is pre-trial conference
– A pre-trial conference is a process where the Court
assists the parties/ their advocates to identify key
issues in dispute, how they would wish to conduct
the hearing, confirmation that all documents have
been exchanged, the court also deals with any
other preliminary issues the parties may have and
issue directions as to the date and place of hearing
• Pre-trial is guided by order 11 of the Civil

Procedure Rules 2010 as amended in 2020.
PRE-TRIAL CONFERENCE
• During pre-trial conference, the court will also
confirm compliance of the parties and then issue a
hearing date and place of hearing.
• Before Pre-trial, the Plaintiff ordinarily files a pre-

trial questionnaire together with a list of issues.
• The Defendant can file its own list of issues if its

issues are different from those of the Plaintiff.
• Pre-trial conference is done at least 30 days before

the hearing.
Some things the Court checks during pre-trial
conference
1. Consider parties compliance- list of documents and witnesses,
witness statement have been filed and exchanged;
2. Identify contested and uncontested issues;
3. Explore methods to resolve the contested issues
4. Narrow down outstanding issues;
5. Give a hearing date and timetable;
6. Consider application for consolidation of suits;
7. The Court deals with any interlocutory applications
8. Order the filing and service of any necessary particulars within
a specific period;
9. Order admission of statements without calling of the makers as
witnesses where appropriate
10. Make any procedural order;
11. Deal with any consent of the parties; among others.
EVIDENCE
• Admissions/ production,
• Impounding, and return of evidence
• Affidavits- Besides documents and physical
goods, evidence is also tendered by way of
affidavits.
ACTUAL HEARING
• Courts fix dates for hearing.
• In other cases, parties can fix a hearing date but
before the date is fixed at the court registry, both
parties have to agree on an appropriate hearing
date.
• During the actual hearing date advocates and all
witnesses are required to attend.
• Non- attendance may lead to adjournment of the
hearing/ part hearing/ the offending party ordered
to pay costs of the other pay/pay fine to the court.
ACTUAL HEARING
• The court starts by hearing the Plaintiff’s testimony and his/her witnesses.
• After the close of the Plaintiff’s case, the court will then hear the Defendant’s
testimony.
• The Party’s advocate conducts examination in chief- by asking their Client open
ended questions.
• Documents can also be produced by the relevant party during the hearing.
• The Party who testifies in examination in chief is then subjected to cross-

examination by the Advocate for the other Party who asks leading questions.
• After cross-examination, the Party can be re-examined by his/her advocate based

on questions asked during cross examination.
• Objections can be raised depending on the nature of questioning.
• Witnesses can be recalled if a new judge is brought in to continue with the hearing
from the former judge.
JUDGEMENT & DECREE-Order. 21 of CPR
• A court delivers judgment upon concluding
the hearing.
• Under Order 21 CPR, the Court should deliver

judgment within 60 days from the date of
conclusion of the hearing.
CONTENTS OF A JUDGMENT
• Under Order 21 Rule 4 of CPR:
• Judgments in defended suits shall contain:
1. A concise statement of the case,
2. the issues for determination,
3. the decision of the Court, and
4. the reasons for such decision.
5. Disposition
DECREE
• A decree is issued after judgment has been
delivered.
• The decree is drafted based on the contents of the
judgment.
• It contains:
1. Case heading (court, case number, names of
parties) as captured in the judgment
2. Particulars of the claim/orders sought by the party
in whose favour the judgment is delivered
3. Specify the orders of the Court granted- should
include costs of the suit where such orders are
granted
CERTIFIED COPIES OF THE JUDGMENT AND
DECREE
• Once judgment has been delivered, parties
are at liberty to request the Court to be
furnished with certified copies of the
judgment and decree.
• A certified copy is signed, sealed with court

seal and certified by the Court as a true copy
of the original.
Execution
• Application of Execution
• Modes of execution

Amendment of Pleadings

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Amendment of Pleadings

• Amendment of pleadings is done pursuant to

• A party may amend its pleadings before the

• Amendments can be done:

OLE SANKALE …………………….........…...………PLAINTIFF

OLE SANKALE …………………….........…...………PLAINTIFF

OLE SANKALE …………………….........…...………PLAINTIFF

• Pre-trial is guided by order 11 of the Civil

• Before Pre-trial, the Plaintiff ordinarily files a pre-

• The Defendant can file its own list of issues if its

• Pre-trial conference is done at least 30 days before

• The Party who testifies in examination in chief is then subjected to cross-

• After cross-examination, the Party can be re-examined by his/her advocate based

• Objections can be raised depending on the nature of questioning.

• Under Order 21 CPR, the Court should deliver

• A certified copy is signed, sealed with court

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