plaint- kenya by wansom.ai

A Plaint is a formal written pleading used to initiate a civil suit in Kenyan courts. It is jurisdiction-specific to Kenya and is governed by the Civil Procedure Act and the Civil Procedure Rules, 2010. A plaint sets out the foundation of a civil claim and marks the official commencement of proceedings in the Magistrates’ Court or the High Court (other than in matters that must be commenced by petition, originating summons, or notice of motion).This document is intended for individual litigants, companies, business entities, advocates, and any party seeking civil remedies such as damages, injunctions, declarations, eviction orders, recovery of land, breach-of-contract relief, negligence claims, or enforcement of rights under private law. The plaint outlines the plaintiff’s cause of action by clearly stating the material facts of the dispute, the legal rights that have been violated, the wrongful acts committed by the defendant, and the specific reliefs the plaintiff is asking the court to grant.A well-drafted plaint includes the parties’ names and addresses, a concise statement of facts, jurisdictional basis, the form of injury or loss suffered, particulars of claim, and the exact remedies sought. It must be accompanied by a verifying affidavit, a list of witnesses, witness statements, copies of documents relied upon, and a mandatory court fee. Once filed, the court issues summons to the defendant, requiring them to enter appearance and file a defence.The plaint is a critical document in Kenya’s civil justice system because it defines the dispute, shapes the issues for trial, and determines the scope of the court’s intervention. It ensures that litigants formally present their claims in a clear, structured, and legally compliant manner, enabling fair and efficient adjudication of civil disputes.