12-Month (1 Year) Limit to Substitute Legal Representative Before Suit Abates (Order 24 Rule 3)
Where within one year no application is made to cause the legal representative of a deceased plaintiff or defendant to be made a party, the suit shall abate as against the deceased party.
365 Days
Governed by Order 24 Rules 3(2) & 4(3) Civil Procedure Rules, 2010 and Section 57(a) of Cap 2 (trigger date excluded).
Calendar Days Counted
Periods under 6 days exclude Sundays and gazetted Kenyan public holidays.
Runs Through Recess
Appellate & statutory limitation periods continue unless certified.
Statutory Computation Rule (365 Days)
Where within one year no application is made to cause the legal representative of a deceased plaintiff or defendant to be made a party, the suit shall abate as against the deceased party.
Key Practice Questions
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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