Statement of Defence – Kenya by wansom.ai

A Statement of Defence is a formal pleading filed by a defendant in Kenya to respond to the allegations made in a plaint or petition. This document is jurisdiction-specific to Kenya and is governed by the Civil Procedure Act and the Civil Procedure Rules, 2010, which outline how civil suits proceed in the Magistrates’ Courts and the High Court. It forms the defendant’s primary response to the plaintiff’s claim and ensures that the court clearly understands the issues in dispute.

This document is intended for defendants, respondents, companies, public bodies, institutions, or any party sued in a civil action and must be filed after entering appearance within the period stipulated in the summons. The Statement of Defence allows the defendant to either admit, deny, or offer explanations regarding the allegations in the plaint. It also outlines any legal or factual grounds upon which the defendant disputes liability, raises defences such as limitation, lack of cause of action, estoppel, contributory negligence, breach of contract, or any other arguments that undermine the plaintiff’s claim.

A well-drafted Statement of Defence sets out clear, numbered paragraphs responding to each allegation, states any affirmative defences, includes details of any counterclaims if applicable, and complies with procedural rules including filing timelines and service requirements. It must be accompanied by a witness statement, list of documents, and any supporting materials the defendant intends to rely on.

The Statement of Defence is essential because it frames the issues for trial and protects the defendant’s rights by ensuring they formally contest the claim. It enables the court to determine the dispute on merit, prevents default judgment, and ensures a fair and balanced litigation process within Kenya’s civil justice system.