Amendment of Pleadings – Kenya by wansom.ai

Amendment of Pleadings in Kenya refers to the formal process by which a party to a civil suit seeks to correct, clarify, or update information contained in documents such as a plaint, defence, counterclaim, reply, or any other court pleading. This process is jurisdiction-specific to Kenya and is governed by the Civil Procedure Act and Order 8 of the Civil Procedure Rules, 2010. Amendments are crucial to ensuring that litigation proceeds on the basis of accurate, complete, and properly articulated facts and issues, thereby enabling the fair administration of justice.This procedure is intended for plaintiffs, defendants, appellants, respondents, and their advocates who need to adjust their pleadings due to new evidence, clerical errors, misdescriptions, changes in circumstances, or legal requirements that arise after filing the original documents. Common grounds for amendment include correcting names, adding parties, introducing new claims or defences, realigning issues, modifying reliefs sought, or addressing oversights that would otherwise hinder determination of the real questions in controversy.An amendment may be made with leave of the court or, in some cases, without leave, provided it is done within the timelines allowed by the Civil Procedure Rules. Applications for leave to amend are typically made through a Notice of Motion or Chamber Summons, supported by an affidavit explaining the reasons for the amendment. The court generally grants amendments unless they would cause injustice, introduce a wholly new cause of action, or prejudice the opposing party beyond compensation in costs.Amendment of Pleadings is essential because it ensures that cases are determined on their true merits rather than on technicalities. It empowers litigants in Kenya’s civil justice system to present complete and accurate claims or defences, contributing to fair, efficient, and substantive resolution of disputes.