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⚖ Order 50 • 14 Days Order 6 Rule 1 & Order 50 Rule 4 Civil Procedure Rules

14 Days to Enter Appearance After Service of Summons (Order 6 CPR)

A defendant served with Summons to Enter Appearance typically has 14/15 days as specified in the summons to file a Memorandum of Appearance, subject to the Dec 21–Jan 13 freeze.

Statutory Window

14 Days

Governed by Order 6 Rule 1 & Order 50 Rule 4 Civil Procedure Rules 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

Dec 21 – Jan 13 Excluded

Omitted during the annual December 21 to January 13 CPR freeze.

Statutory Computation Rule (14 Days)

A defendant served with Summons to Enter Appearance typically has 14/15 days as specified in the summons to file a Memorandum of Appearance, subject to the Dec 21–Jan 13 freeze.

Key Practice Questions

What happens if the last day of the 14-day period under Order 6 Rule 1 & Order 50 Rule 4 Civil Procedure Rules 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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