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⚖ Order 50 • 14 Days Order 40 Rule 4(2) Civil Procedure Rules, 2010

14-Day Maximum Validity of Ex-Parte Interim Injunction (Order 40 Rule 4(2))

An ex-parte injunction may be granted only once for not more than 14 days and shall not be extended thereafter except once by consent of the parties or by order of the court for a period not exceeding 14 days.

Statutory Window

14 Days

Governed by Order 40 Rule 4(2) Civil Procedure Rules, 2010 and Section 57(a) of Cap 2 (trigger date excluded).

Order 50 Rule 2 (< 6 Days)

Calendar Days Counted

Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.

Order 50 Rule 4 Freeze

Runs Through Recess

Appellate & statutory limitation periods continue unless certified.

Statutory Computation Rule (14 Days)

An ex-parte injunction may be granted only once for not more than 14 days and shall not be extended thereafter except once by consent of the parties or by order of the court for a period not exceeding 14 days.

Key Practice Questions

What happens if the last day of the 14-day period under Order 40 Rule 4(2) Civil Procedure Rules, 2010 falls on a Sunday or Kenyan public holiday?

Under Order 50 Rule 3 of the Civil Procedure Rules and Section 57(b) of the Interpretation and General Provisions Act (Cap 2), if the last day falls on a Sunday or gazetted public holiday when court registries are closed, the filing is duly done on the next working day.

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