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THE JUDICIARY

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Mag ist r ates and Kad his C our t R e g ist r y Manu a l

FOREWORD
The Constitution of Kenya requires the Judiciary to
undertake effective measures to reduce the obstacles
that hinder public access to justice. In this regard, the
Judiciary has an obligation to simplify court procedures
in order to effectively and efficiently render services
to all court users. It is also important that court users
understand court processes.
Court registries play a critical role in enabling the
Judiciary to meet these constitutional expectations. This is because they are
always the first stop for all people seeking justice from the courts. As such,
the quality of the services offered by the Judiciary will be measured by how
well the clients are received and served in the registries.
The registry staff is the face of the Judiciary. As occupants of this privileged
position, they are required to be at the forefront in ensuring the institution
realizes its aspirations as set out in the Judiciary Transformation
Framework. This framework is anchored on four pillars and ten key result
areas, all of which have one overriding objective; to achieve access to and
expeditious delivery of justice to all.
To this end, great efforts went towards the realization of this Registry
Manual which seeks to standardize the registry procedures followed in all
the magistrates and kadhis courts, and hence guarantee our clients similar
quality services across the country.
The manual has been developed through a participatory process; input
was received from Judiciary staff, stakeholders and judicial officers. It is
informed by the Constitution of Kenya, other statutes on court procedures,
the Judiciary Transformation Framework, the service charter, code of
conduct and other adopted Judiciary policies. It is therefore expected that
all of us will strive to consistently ensure that it is implemented, for the
benefit of our clients.
The following are the objectives of the manual;
•

To simplify and standardize registry procedures.

•

To guide litigants and staff on registry processes.

•

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To increase efficiency in the registries.

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iii
•

To highlight the roles of various registry staff, for increased
accountability.

•

Act as an orientation tool for new registry staff.

Hon. Dr. Willy Mutunga, D. JUr, Sc, EGH,

Chief Justice and President of the Supreme Court of Kenya.

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ACKNOWLEDGEMENTS
This registry manual is the product of a series of
engagements and collaborative efforts of various players
within the justice chain.
I would like to acknowledge the commendable initiatives
taken by all those who directly or indirectly contributed
to the development of the manual, with a special note
of thanks to the Hon. Chief Justice for his strategic
leadership and support and further to the Judiciary
Training Institute ( JTI) for the continued partnership and facilitation.
The input of the Heads of Stations in the Magistrates and Kadhis Courts
and their readiness in accepting the challenge of implementation has been
extremely invaluable. I thank all the Judiciary staff whose presentations and
input, drawn from ‘on the job experience’, is the foundation of this manual.
I also thank the UNDP for funding the activities that led to the development
of this manual and The Jomo Kenyatta Foundation ( JKF) for providing
professional input in its editing.
I am grateful to the Office of the Registrar, Magistrates and Kadhis Courts
who commissioned the development of this manual which will be useful
in guiding our registry staff. The committee tasked with the development
of this manual cannot go unmentioned for it played a vital role in putting
together this excellent piece of work. In particular, I would like to express
my sincere gratitude to:
Hon. Peter Mulwa
Hon. Anthony Ndung’u
Hon. Caroline Kabucho
Hon. Maxwell Gicheru
Hon. Lucy Gitari
Hon. Doreen Mulekyo
Hon. Peter Gesora
Hon. Agnes Wahito
Hon. Wangeci Ngumi
Hon. Kadhi Rashid Omar
Hon. Kadhi Ishaq Abduljabar

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Sakayo Otieno
Allan Ojuki
Godfrey Kulubi
Richard Otene
Anne Nafula
Edward Chelang’a
Eunice Mutie
Mercy Wainaina
Boru Wako
Getrude Asango

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v
The Judiciary is indeed grateful and will remain indebted to you for your
effort and commitment in ensuring that the Kenyan people get quality
service.
Thank you all.

Anne A. Amadi
Chief Registrar of the Judiciary

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LIST OF ABBREVIATIONS AND
ACRONYMS

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Bring-up

CAF

Court Adjournment Fees

CCF

Court Collection Fees

CPC

Criminal Procedure Code

EFT

Electronic Funds Transfer

FCF

Further Court Fees

ICT

Information and Communication Technology

NEMA

National Environment Management Authority

P&A

Probate and Administration

SMS

Short Message Services

SOA

Sexual Offenses Act

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vii

TABLE OF CONTENTS
FOREWORD.................................................................................... ii
ACKNOWLEDGEMENTS..............................................................iv
LIST OF ABBREVIATIONS AND ACRONYMS...........................vi

PART A. INTRODUCTION....................................................................1
1. General Values and Principles............................................................1

PART B. THE COURT SYSTEM.............................................................2
2. The Magistrates and Kadhis Courts...................................................2
3. Registry Officials...............................................................................3

PART C. GENERAL REGISTRY PROCEDURES...................................4
4. Working Hours.................................................................................4
5. Information and Customer Care Desk...............................................4
6. Service Counters...............................................................................4
7. Information and Communication Technology...................................5

PART D. REGISTRY PROCEDURES.....................................................6
8. Criminal Registry..............................................................................6
9. Bail and Bond Processing .................................................................7
10. Daily Cause List.............................................................................9
11. Trial.............................................................................................. 10
12. Release of Cash Bail/ Securities .................................................... 11
13. Inquests........................................................................................ 12
14. Miscellaneous Criminal Applications............................................ 13
15. Traffic Registry............................................................................. 13
16. Police Cash Bail Refund................................................................ 14
17. Civil Registry................................................................................ 14
18. Assessment of Costs...................................................................... 16
19. Extraction of Decrees.................................................................... 16
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20. Execution..................................................................................... 17
21. Miscellaneous Civil Applications................................................... 18
22. Deposits Involving Minors............................................................ 19
23. Refund of Deposits....................................................................... 19
24. Workmen Compensation Claims.................................................. 19
25. Execution of Orders from Tribunals.............................................. 20
26. Probate Registry........................................................................... 20
27. Checklist for Succession Causes.................................................... 21
28. Caveat.......................................................................................... 21
29. Forms Used .................................................................................. 22
30. Registration.................................................................................. 22
31. Objection Proceedings.................................................................. 23
32. Confirmation of Grant.................................................................. 23
33. Miscellaneous Probate and Administration Matters ...................... 24
34. Children Registry.......................................................................... 25
35. Special Protection Measures for Children...................................... 25
36. Checklist for Children Civil Cases................................................. 25
37. Guardianship................................................................................ 26
38. Requirements in Cases of Children in Conflict with the Law.............26
39. Trial ............................................................................................. 26
40. Procedure for Children in Need of Care and Protection ................. 26
41. Election Petitions Registry............................................................ 27
42. Requirements................................................................................ 27
43. Procedure...................................................................................... 27
44. Kadhis Registry............................................................................. 28
45. Marriage and Divorce Registry...................................................... 28
46. Inheritance................................................................................... 33
47. Miscellaneous Applications........................................................... 36
48. Execution..................................................................................... 38

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PART E. RECORDS MANAGEMENT.................................................39
49. Filing............................................................................................ 39
50. Checklist Before Filing Documents............................................... 40
51. Perusal of Files.............................................................................. 40
52. File Movement Register................................................................ 41
53. Bring-up Diary............................................................................. 41
54. Reproduction of Records............................................................... 41
55. Accessioning of Archive Files........................................................ 42
56. Custody and Safety of Files........................................................... 42
57. File Audit..................................................................................... 43
58. Tracing and Reconstruction of Missing Files................................. 43
59. Skeleton Files............................................................................... 44
60. Disposal of Records....................................................................... 44
61. Appraisal of Records..................................................................... 46
62. Typing and Issuance of Proceedings............................................... 47
63. Preparation of Records of Appeal.................................................. 47
64. Handling of Official Mail.............................................................. 48

PART F. EXHIBITS.................................................................................50
65. Disposal of Exhibits...................................................................... 50
66. Perishables.................................................................................... 51
67. Drugs and Substances................................................................... 51
68. Forfeited Exhibits ........................................................................ 51
69. Custody of Unclaimed Property..................................................... 51

PART G. ASSESSMENT OF COURT FEES.........................................52
70. Calculation of Fees for Liquidated Claims..................................... 52
71. Contention of Court Fees.............................................................. 53
72. Fees on General Damages............................................................. 53
73. Simplified Fees Schedule............................................................... 54

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ANNEXURES.............................................................. 56
Annexure 1...........................................................................................56
Annexure 2...........................................................................................57
Annexure 3...........................................................................................58
Annexure 4...........................................................................................59
Annexure 5...........................................................................................60
Annexure 6...........................................................................................61
Annexure 7...........................................................................................63
Annexure 8...........................................................................................64
Annexure 9...........................................................................................65

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PART A. INTRODUCTION
1. General Values and Principles
The guiding principle in the registry procedures and processes is having due
regard and utmost care for customers. The processes are informed by the
following values:
a).
b).
c).
d).
e).
f ).
g).
h).
i).

Respect
Courtesy
Integrity
Accountability
Humility
Openness
Patriotism
Results
Sensitivity to persons with special needs and vulnerable groups

In the implementation of the manual, and in execution of their duties, all
officials are bound by:
a).
b).
c).
d).
e).
f ).
g).

The national values and principles of governance (Article 10 of the
Constitution of Kenya).
The principles of leadership and integrity (Chapter Six of the
Constitution of Kenya)
The Public Officer Ethics Act 2003.
The Leadership and Integrity Act 2012.
Judiciary Transformation Framework.
The Judiciary Strategic Plan
Any other practice directions and circulars as may be issued from
time to time.

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PART B. THE COURT SYSTEM
2. The Magistrates and Kadhis Courts
The Magistrates and Kadhis courts are established under Article(s) 162,
169 and 170 of the Constitution of Kenya, Magistrates Court Act and the
Kadhis Court Act.
a).

Magistrates Courts

These courts have both Civil and Criminal jurisdiction, as provided for in
the various Acts of Parliament.
The hierarchy of the Magistrates Court is as shown in the flow chart below;
CHIEF MAGISTRATES COURT

SENIOR PRINCIPAL MAGISTRATES COURT

PRINCIPAL MAGISTRATES COURT

SENIOR RESIDENT MAGISTRATES COURT

RESIDENT MAGISTRATES COURT

b).

Kadhis Courts

The jurisdiction of a Kadhis court is limited to the determination of
questions of Muslim law relating to personal status, marriage, divorce or
inheritance in proceedings in which all the parties profess the Muslim
religion and submit to the jurisdiction of the Kadhis courts.

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3
The hierarchy of the Kadhis Courts is as illustrated below;
CHIEF KADHI

DEPUTY CHIEF KADHI

PRINCIPAL KADHI

KADHI I

KADHI II

3. Registry Officials
This refers to all officers supporting the registry function and include:
a). Court Administrators
b). Court Administrative Assistants
c). Court Assistants
d). Records Management Officers/Archivists
e). Court Bailiffs and Court Process Servers
f ). Office Administrative Assistants
g). Office Assistants
h). Accountants
i).
Information Communication and Technology (ICT) officers
All registry officials are accountable to the Head of Station, who is the
magistrate/kadhi in charge of all operations at the court station.

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PART C. GENERAL REGISTRY PROCEDURES
4. Working Hours
a).
b).
c).

The official working hours are 8.00 am to 5.00 pm, unless as
otherwise directed by the Head of Station.
Registries shall remain open through lunch hour.
Court registries are open from Monday to Friday except on public
holidays or as otherwise directed.

5. Information and Customer Care Desk
a).
b).
c).
d).
e).
f ).
g).

There shall be a manned information and customer care desk at
every court station.
All enquiries shall be received at the information and customer care
desk and directed to the relevant offices.
The customer care desk shall maintain linkages and networks with
registries so as to obtain and communicate important information
to the customers.
There shall be maintained, in every court, a suggestion box.
Information shall be accessed at the customer care desk or through
automated services such as SMS and email services.
The customer care desk shall sensitize customers on the available
automated customer care services such as SMS and email.
There shall be a general notice board at every court station and
registry.

6. Service Counters
a).

b).
c).
d).

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Services shall be rendered on a ‘first come, first served’ basis.
However, priority shall be given to vulnerable groups such as the
elderly, children and expectant women. Persons with disability shall
also be given priority.
There shall be established a queue management system in every
station.
Each registry shall have counters designated for specific services.
There shall be an express counter to handle Certificates of Urgency.

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For customers with requests, which cannot be processed on the same day,
the officer in charge of the registry shall note down their contacts and notify
them of the outcome of their requests at the earliest time possible.

7. Information and Communication Technology
The registry services and procedures shall be conducted with the aid of ICT
as is practically possible. This shall include the use of computers, emails,
software, and other ICT related systems and services.

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PART D. REGISTRY PROCEDURES
8. Criminal Registry
The case flow chart is as follows:
RECEIVING OF CHARGE
SHEET FROM RELEVANT
INSTITUTIONS IN THE
REGISTRY

REGISTRATION OF CHARGE
SHEET AND PRESENTED TO
COURT

PLEA TAKING
PLEA
OF NOT
GUILTY

PLEA OF
GUILTY

SUMMARY OF FACTS READ

FACTS
ADMITTED

FACTS
DENIED

PLEA OF
NOT GUILTY

BOND AND BAIL
TERMS REPORTS
(AGE ASSESSMENT,
MEDICAL, PRE-BAIL,
E.T.C)

HEARING

RULING

CASE TO ANSWER

NO CASE TO ANSWER

DEFENCE HEARING

JUDGMENT

ACCUSED ACQUITTED

CONVICTION
MITIGATION
PREVIOUS CRIMINAL
RECORDS AND
REPORTS, IF ANY
SENTENCE

1. CUSTODIAL
2. NON-CUSTODIAL
3. FINE

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RIGHT OF APPEAL

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The following is the registry where all matters of a criminal nature are
registered and processed.
There shall be maintained in all court stations a register for criminal cases
filed in the registry, with the following entries:
Date of
Court
Registration Case
No.

Police Accused Nature Date
Case
of
of First
No.
Charges Hearing

Judgment Date of
Fine
Fines
or
Judgment Imposed Paid
Sentence
&
Date

Receipt Remarks
No.

The process is as follows:
a).
b).
c).
d).
e).
f ).

The Charge Sheet is received and particulars registered.
Where fee is applicable, the same is paid before registration.
A case number is issued and a folder is opened for the case.
The plea stamp is endorsed and the Coram indicated.
The file number is entered in the plea movement register.
Presentation of the file to the plea magistrate at the chamber, for
perusal.
g). Plea taking is done at the court.
h). File is registered in the court movement register and taken to the
officer in charge of the criminal registry.
The officer in charge will ensure;
a).
b).
c).
d).
e).

Results from court are entered in the register.
Orders issued are complied with.
Daily returns are completed.
Court records are filed appropriately.
The filing of returns in compliance with Section 39(13) and Rule 7
of SOA.
All Judiciary staff, magistrates and kadhis handling files must sign for them.
In case of a plea of not guilty, the court may impose bond/bail terms.

9. Bail and Bond Processing
A person charged with a criminal offence can be released either on cash
bail, bond, bond with surety or personal bond.

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Processing Cash Bail
a).

Particulars of the accused person are given to the officer in charge of
the registry.
b). File is retrieved.
c). Verification of cash bail payable and issuance of a cash bail/deposit
payment advice (see annexure 1).
d). Payment of cash bail through mobile money services, bank deposits
or any other authorized mode of payment.
e). Verification of payment at the court’s cash office.
f ). Issuance of cash bail deposit receipt.
g). Signing of the bail bond form by the accused person and surety,
where applicable.
h). Issuance of the release order by the court in triplicate.
i).
Presentation of receipt and release order to the court orderly or
officer in charge of prison to secure release of the accused person.
Processing Bond with Surety
a).
b).
c).

d).

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Particulars of the accused person are given to the officer in charge of
the registry.
File is retrieved from the registry for verification of bond terms.
Presentation of identification documents, which include:
(i). Identification card/passport
(ii). Letter from the chief
(iii). Employers’ letters
(iv). Recent passport size photos
Presentation of surety and security documents, which include:
(i). Land ownership documents
(ii). Logbooks
(iii). Payslips
(iv). Share certificates
(v). Bank drafts
(vi). Insurance policy

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Verification of Bond/Security Documents
a).

The officer in charge of the registry shall make reference to the
land registry, motor vehicles registry, registrar of persons and other
relevant offices.
b). The documents are certified by the issuing authority.
c). Valuation of the security.
d). The file is taken to the magistrate for examination and approval.
e). Preparation of necessary documents, i.e., preparation of particulars
of surety, release order, bond and bail bonds where the accused is in
custody.
f ). Details of the surety are recorded in the Security Register.
There shall be maintained a securities register at each station, with the
following entries:
Date

Case
No.

Name of Name of
Accused Surety

Name of
Security

Date of
Receipt

Date of
Release

Signature
& ID No.

NB: In all cases, in exercise of their discretion, the magistrates may request
for further verifications/enquiries, as they deem necessary.
a).
b).

Where bail is not raised, a remand warrant is issued.
Where one pleads guilty and a fine is imposed, the procedure under
number 11 (Fines) shall apply.

10. Daily Cause List
a).
b).
c).
d).
e).

The officer in charge of the registry prepares a cause list based on
the diary, a week in advance.
The cause list shall contain the date, respective court and presiding
magistrate, case number and particulars of the parties, intended
action (including rulings and judgment) for the day, and time.
The cause list shall be displayed on the general notice board,
Judiciary website and also sent to the National Council for Law
Reporting.
A copy is distributed to the respective courts, the prosecution and
the information and customer care desk.
A copy of the cause list shall be maintained for record purposes.

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11. Trial
a).

The officer in charge of the registry must ensure that files are
presented to the trial court a day in advance.
b). The court assistant shall ensure that all files are presented before the
magistrate.
c). Where necessary, the officer in charge of the registry shall provide
an interpreter.
d). Orders issued during trial must be executed by the officer in charge
of the registry.
e). The court assistant should have all necessary forms concerning
orders in court.
f ). All orders given in court shall be extracted and issued immediately
or at least by the end of the day.
g). Orders to be served on other departments must be extracted and
served within reasonable time.
Adjournment/New Dates
a).

Where a case is adjourned, the court shall give a hearing/mention
date.
b). Where the accused is in remand, the court assistant shall endorse
the same in the warrant, which shall be signed by the magistrate.
c). Where the accused person is on bond, the new date shall be
endorsed on the bond by the court assistant.
d). The court assistant shall ensure that the correct dates are endorsed
on the warrant/bond.
e). The court assistant will be held accountable for any wrong
endorsement of date.
The court shall pronounce judgment and sentence at the conclusion of the
case.
Fines
Where a fine has been imposed, the following processes shall apply;
a).
b).
c).
d).

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Particulars of the accused person are given to the officer in charge of
the registry.
File is retrieved.
Verification of fine payable.
Issuance of a court fees/fine payment advice (See annexure 2).

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11
e).

Payment of fine through mobile money services, bank deposits or
any other authorized mode of payment.
f ). Verification of payment at the court’s cash office.
g). Issuance of official court fine receipt.
h). Preparation of the release order.
i).
Presentation of receipt and release order to the court orderly or
officer in charge of prison to secure release of the accused person.
j).
If a person has partly served their term, where there was an option
of a fine, the cash office shall compute the payable amount as at the
time of payment.
Other Sentences
a).
b).
c).

Where a custodial sentence has been imposed, the court assistant
prepares a committal warrant.
The person in charge of the Criminal registry must ensure that
other orders like Community Service Order, probation, borstal and
committal to other institution are executed.
The officer in charge of the registry shall maintain pigeonholes
where files for specific actions by children officers, probation officers,
etc., shall be stored for easy access.

12. Release of Cash Bail/ Securities
At the conclusion of every case, the magistrate shall make an order for the
release of cash bail/securities.
Refund of Cash Bail
a).
b).
c).
d).
e).
f ).
g).
h).

Presentation of original deposit receipt, identification document and
bank account particulars.
File is retrieved.
Receipt is verified.
The file and documents presented are forwarded to Accounts section
for processing.
Payment Voucher is prepared.
Money is refunded through cheque or EFT.
Where an original receipt and/or an identification card is lost, the
depositor should swear an affidavit and attach a copy of the receipt/
abstract.
The Head of Station shall, at all times, ensure prompt cash bail refunds.
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Release of Security
a).
b).
c).
d).
e).

Request may be made orally or in writing to the officer in charge of
the registry.
File is retrieved.
Verification is done.
Security is released to the surety.
Depositor signs for receipt of the security in the securities register.

13. Inquests
There shall be maintained, in every court, a death notification file and an
inquest register, with the following entries:
Date Case
No.

Police Station No.

Name of Deceased

Date of Ruling Findings

The process is as follows:
a).
b).
c).
d).
e).
f ).

g).
h).
i).
j).

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Notification from the police is received under Section 386 of the
CPC.
All notifications are filed in a death notification file.
The police duplicate file is received and particulars registered in the
inquest register.
The court file is opened and forwarded, together with the duplicate
file, to the magistrate for perusal and directions.
The magistrate considers whether or not a public inquest should be
conducted and makes a recommendation.
If the magistrate finds that it is not necessary to conduct a public
inquest, the order shall be served to the Office of the Director of
Public Prosecutions and the police duplicate file is retained, to form
part of the court record.
The detailed results are entered in the inquest register.
If the magistrate approves the holding of a public inquest, a mention
date is given and a hearing date set.
The court then issues summonses to the witnesses.
At the conclusion of the hearing, a ruling is made.

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14. Miscellaneous Criminal Applications
There shall be maintained a Miscellaneous Applications register in all court
registries, with the following entries:
Date of
Registration

Court
Case No.

Applicant Respondent

Claim

Ruling

Remarks

The process is as follows:
a).
b).
c).
d).
e).

Notice of motion and supporting affidavit are presented to court.
The application is registered in the Miscellaneous Applications register.
It is assigned a case number.
The file is placed before the duty magistrate for hearing and
disposal.
For private prosecutions, the fee applicable is provided for in the
Judicature Act Schedule VI.

15. Traffic Registry
There shall be maintained a register of traffic cases in all court registries,
with the following entries:
Date of
Court Police Accused Nature of Date
Judgment
Date of
Registration Case Case
Charges of First or Sentence Judgment
No.
No.
Hearing

Fine
Imposed

Fines
Receipt Remarks
Paid & No.
Date

The process is as follows:
a).
b).

The Charge Sheet is received and particulars registered.
A case number is issued and a folder is opened for the case. The plea
stamp is endorsed and the Coram is indicated.
c). The particulars of the file are entered in the plea movement register.
d). The file is presented to the plea magistrate at the chamber, for
perusal.
e). Plea taking is done in open court.
f ). The particulars of the file are entered in the court movement register
and taken to the officer in charge of the traffic registry.
Where a plea of not guilty is entered, the procedures found under number
9 (Bail and Bond Processing) in this manual shall apply.

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Where a plea of guilty is entered, the procedure under number 11 (Fines)
or number 11 (Other Sentences) in this manual shall apply.

16. Police Cash Bail Refund
a).
b).

Money is released to the accused in court before plea is taken.
If the accused person does not attend court, the money shall be
forfeited to the state by the court.

17. Civil Registry
The case flow chart is as follows:
Presentation of
pleadings to the
Registry

Verification
and assessment
of pleadings

Payment of
court fees and
registration of
pleadings

Issuance of
summons
to enter
appearance

Collection of
summons for
service

Filing the
affidavit of
service

If memorandum
of appearance/
defence is not filed

Request for
judgment filed

Notice
of entry of
judgment on
liquidated
claims

Filing of
memorandum
of appearance

Filing
statements
of admission
(liquidated
claim)

Filing statement
of defence/
counter claim

Interlocutory/
ex-parte
judgment is
entered
Pre-trial
conference
Formal proof
hearing

If memorandum
of appearance
is filed

Filing
questionnaire

Reply to
defence/defence
to counter claim

Full trial
Judgment
Decree

1.
2.
3.
4.
5.

print.indd 14

Execution by way of:-

Attachment and sale of movable property
Attachment and sale of immovable property
Attachment of monthly salary
Notice to show cause
Committal to civil jail

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15
There shall be maintained a register of civil cases in every court registry,
with the following entries:
Date
of
Filing

Case
No.

Plaintiff,
Advocate
& Contact
(email, postal
& mobile)

Defendant, Nature
Advocate& of
Contact
Claim
(email,
postal &
mobile)

Date of Fees
Hearing Paid &
Receipt
No.

Judgment/
Date
Decision
Made

Further
Court
Fees &
Receipt
No.

Remarks

Registration
a).

Presentation of petition/plaint/originating summons at the registry,
accompanied by a list of witness(es), witness statements, verifying
affidavit, list of exhibits and track of the case.
b). Assessment of filing fees as provided for under Part G of this
manual.
c). Issuance of a court fees payment advice (see annexure 2).
d). Payment through the bank, mobile money services or any other
authorized mode of payment.
e). Verification of payment.
f ). Receipting.
g). Date stamping of documents.
h). Registration and issuance of a case number.
i).
A file is opened.
Procedure After Filing
a).
b).
c).
d).
e).
f ).

Summons are prepared and signed.
Issuance of summons.
Service of summons is effected through private or court process
servers. The process server must file Affidavit of Service and attach a
copy of their registration certificate.
Upon service, Defendants have 15 days to file Memorandum of
Appearance.
Upon filing Memorandum of Appearance, defendants have 15 days
to file a defence.
If Memorandum of Appearance and/or defence are not filed within
the prescribed period, interlocutory judgment is entered upon
application by the plaintiff.

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g).
h).
i).
j).
k).
l).

For a liquidated claim, a final judgment is entered and costs are
assessed.
Where the claim is unliquidated, the matter shall be set down for
formal proof.
In all other cases, the suit shall be set down for hearing in
accordance with the Civil Procedure Act and Rules.
On conclusion, a judgment shall be pronounced and orders issued
accordingly.
Further court fees shall be assessed and levied, where found due.
Execution processes shall only commence once further court fees are
fully paid.

18. Assessment of Costs
a).
b).

Costs shall be agreed on by the parties or assessed by the magistrate.
A Certificate of Costs shall be drawn and signed by the magistrate.

19. Extraction of Decrees
The process of extracting decrees or orders involves the following:
a).
b).
c).
d).
e).
f ).
g).
h).
i).

print.indd 16

Draft decree/order is presented by either party to the officer in
charge of the registry.
Verification of draft decree in the registry.
Court filing fees and further outstanding fees are assessed and paid.
Issuance of a court fees/fine payment advice (See annexure 2).
A court fees certificate is prepared to confirm payment of court fees.
The decree is presented to the magistrate for confirmation that the
decree is drawn in accordance with the judgment.
The decree is signed and sealed by the magistrate.
Decrees and orders are forwarded for certification by the trial
magistrate.
Decrees/orders are dispatched to the applicants through the officer
in charge of the registry.

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20. Execution
Upon receipt of an application for execution of decree/order, the officer in
charge of the registry shall confirm that;
a).

The suit is concluded and there is a copy of signed judgment/ruling
of the court.
b). There is no stay of execution order in force.
c). A ten day notice of entry of judgment has been served on the
judgment debtor, in the cases where judgment was obtained ex
parte.
d). The requisite court fee for execution is paid.
e). The decree is not more than one year old. If it is more than one year
old, a Notice to show cause is issued.
f ). The decree/order is drawn and signed.
g). Where the execution is through attachment and sale by an
auctioneer, the auctioneer must be licensed and have the requisite
jurisdiction to execute.
Issuance of Warrants
Upon confirmation of the above checklist, the following shall apply;
a).

The officer in charge of the registry shall calculate the amount to
be included, which comprises the decretal amount, interest, further
costs and court collection fees.
b). Warrants are prepared by the officer in charge of the registry.
c). Warrants are presented to the magistrate for signature.
d). Warrants are presented to the court bailiff/court process
server/auctioneers.
There shall be maintained an execution warrant of attachment register, with
the following entries:
Date Case
Issued No.

Parties

Amount to be
Executed

Name of
Auctioneer

Date
Returned

Remarks

All execution warrants shall be entered in the execution warrants register.
a).
b).

Execution warrants are returned, received, noted in the register and
filed.
A filing fee shall be paid for returned warrants.

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Modes of Execution
The modes of execution include;
a). Warrant of attachment and sale of judgment debtor’s property.
b). Attachment of 1/3 (one third) of salary.
c). Warrant of arrest and commitment to civil jail.
d). Eviction order.
e). Garnishee proceedings.
f ). Prohibitory orders.
Further to the above guidelines, registries shall be guided by the provisions
of Order 22 of the Civil Procedure Rules on execution.

21. Miscellaneous Civil Applications
There shall be maintained a Miscellaneous Civil Applications register, with
the following entries:
Date of
Filing

Case
No.

Applicant,
Advocate
& Contact
(email,
postal &
mobile)

Respondent, Nature Date of
Advocate& of
Hearing
Contact
Claim
(email,
postal &
mobile)

Fees
Judgment/ Remarks
paid & Date
Receipt
Decision
No.
Made

The process is as follows:
a).
b).
c).
d).
e).
f ).
g).

print.indd 18

Notice of motion and supporting affidavit is presented to the
registry.
Applicable fee is assessed.
Issuance of a court fees payment advice.
Payment is made.
Verification of payment.
The application is registered and assigned a case number.
The file is placed before the duty magistrate for hearing and
disposal.

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22. Deposits Involving Minors
There shall be maintained a deposits register, with the following entries:
Date

Case No.

Parties

Name(s) of
Minor

Amount
Deposited

Place of
Investment

Remarks

Files, which have orders involving deposits for minors, shall not be disposed
of pending application by the minor on attainment of the age of majority.

23. Refund of Deposits
The process is as follows:
a).
b).
c).
d).
e).
f ).
g).
h).

Release will be by court order.
Presentation of identification document and bank account details.
File is retrieved.
The file and documents presented are forwarded to Accounts section
for processing.
Payment voucher is prepared.
Money is refunded through cheque or EFT.
Where an identification document is lost, the claimant should swear
an affidavit and attach a copy of the abstract.
The Head of Station should, at all times, ensure prompt deposit
refund.

24. Workmen Compensation Claims
There shall be maintained a workmen compensation register, with the
following entries:
Date of Filing

Case
No.

Claimant Nature of
Compensation

Remarks

The process is as follows:
a).
b).
c).

Receipt of the cheque and voucher.
A file is opened.
Presentation of the file and workman before the magistrate for
directions.

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d).
e).

Recovery of the court collection fees before payment is made.
The money is released to the claimant.
(The procedure of releasing the money is the same as that of
refunding deposits, as shown above)

25. Execution of Orders from Tribunals
The process is as follows:
a).
b).
c).

Order is received.
Particulars are registered.
File is opened and placed before the magistrate for directions.

26. Probate Registry
The case flow chart is as follows:
Presentation of relevant
documents for verification
in the registry

1. Death certificate
2. Chief ’s letter
3. Evidence of ownership
of assets
4. Consent from family
members

Purchase/download the
following forms:
1. Form P&A 5
2. Form P&A 57
3. Form P&A 80
4. Form P&A 11
5. Form P&A 12
6. Form P&A 38

Presentation of
duly filled forms for
assessment, registration
and payment of court
fees

Notices forwarded to the
government printer for
advertisement in the Kenya
Gazette

If objection
filed
Hearing and determination
of objection

If the
objection is
upheld

If the objection
is overruled

Compliance with the Court
Order

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Date stamping/
receiving of
documents

30 days after
the advertisement,
temporary grant of letters
of administration issued if
no objection is filed

Application for
confirmation of
grant filed after six
(6) months or earlier,
as the case may be

Grant is confirmed

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21
There shall be maintained a standard probate register, with the following
entries:
Date Cause Name of Nationality, Place Date
of
No.
Deceased Residence of
of
Filing
and Alias &
Death Death
Occupation
of Deceased

Name &
Address of
Administrator/
Petitioner

Gross
Value
of
Estate

Fee
Date Date
Paid & Grant Grant
Receipt Issued Confirmed
No.

The jurisdiction of the Magistrates Court is limited to intestate estates.
a). The court that handles succession matters is the one gazetted under
Section 47 of the Law of Succession Act (Chapter 160).
b). The forms used in the Probate Registry and refered herein are found
under Cap. 160

27. Checklist for Succession Causes
a).
b).
c).
d).
e).
f ).
g).
h).
i).
j).

Petition in the appropriate form.
Certified copy of certificate of death.
Affidavit in support of the Petition duly executed.
Letter from the chief or any authority confirming the beneficiaries of
the deceased estate.
Guarantors/sureties (where necessary).
Bank-in slips for advertisement in the special issue of the Kenya
Gazette (for full Grants).
Evidence of ownership of assets, i.e. copies of title documents.
Consent from adult beneficiaries.
Where minors are involved, there must be more than one (1)
petitioner.
Copy of Will (where applicable).

28. Caveat
Any person, who wishes to be notified of any application for the making or
confirming of a grant of representation to the estate of a particular deceased
person, may enter a caveat in any registry. (Form 28)
There shall be maintained, in every registry, a caveat register, with the
following entries:
Date

Caveat
No.

Case
No.

Name of
Deceased

Name and Particulars of
Caveator

Remarks

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Procedure
a).
b).
c).
d).
e).
f ).
g).
h).

Presentation and filing of the caveat in triplicate. (Form 28)
Assessment of the requisite fee.
Issuance of a court fees payment advice.
Payment.
Verification of payment.
Recording of particulars of the caveat in the register.
A copy of the caveat is forwarded to the principal registrar.
Caveator is notified of any intended action through Form 111.

29. Forms Used
The forms are available at the court registry and can also be downloaded
online from the Judiciary website: www.judiciary.go.ke
Grant of Letters of Administration Intestate –Forms: (i). P&A 80 – Petition for Letters of Administration Intestate.
(ii). P&A 5 – Affidavit in Support of Petition for Letters of
Administration Intestate.
(iii). P&A 12 – Affidavit of Justification of proposed Administrator.
(iv). P&A 11 – Affidavit of Justification of proposed Sureties.
(v). P&A 57- Guarantee by Personal Sureties.
(vi). P&A 38 – Consent to making a grant.
Where the widow is applying alone, she is exempted from availing a surety
and also exempted from filing Form 57 and 11. Form 38 is only applicable
when there are adult beneficiaries.

30. Registration
a).
b).
c).
d).
e).

print.indd 22

Presentation of enquiries or intention by the client at the counter.
Checklist is provided together with the forms.
Presentation of completed forms at the registration counter.
Verification by the court administrative assistant that all relevant
documents have been availed in accordance with the checklist.
Assessment of court fees to be paid.

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23
f ).
g).
h).
i).
j).
k).

Issuance of a serial number and a fees payment advice form to pay
the court fees at the bank.
Confirmation by the accountant that filing fee has been deposited
and issuance of official receipt.
Registration of the petition in the probate registers.
Referral of file to the District Registrar (Gazetted magistrate) for
action.
Confirmation from the central registry that there is no other grant
filed.
If no objection has been filed within 30 days after publication in the
Kenya Gazette, the file is placed before the District Registrar for
issuance of Grant of Letters of Administration.

31. Objection Proceedings
There shall be maintained an objection register in all Probate and
Administration registries, with the following entries:
Date

Case
No.

Particulars of
Objection

Particulars of
Answer

Particulars of Cross
Petition

Remarks

The process is as follows:
a).
b).
c).
d).
e).

Objection is filed in triplicate in court.
Objection is recorded in the register of objections as provided in
Rule 17(3) of the P & A rules.
District Registrar forwards notice of objection to the applicant.
(Form 61)
District Registrar forwards Notice to the objector, requiring him
to reply to the petition by filing a cross application for grant and
replying affidavit. (Form 67)
The file is placed before the District Registrar for directions.

32. Confirmation of Grant
Requirements
a). Where summons for confirmation are taken out after 6 months,
Form 108 shall be filled.
b). Where confirmation is applied for before expiry of 6 months, Form
109 shall be filled.
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c).
d).
e).

Affidavits in support.
Consents of beneficiaries to confirmation and mode of distribution.
Where there is a protest, affidavit of protest (Form 10) is received
and filed.
f ). The matter is placed before the District Registrar (Gazetted
magistrate) for hearing.
Procedure of Confirmation of Grant
a). Duly filled forms are presented for assessment.
b). Application is assessed.
c). After payment, the application and the banking slip are received at
the cash office.
d). File is forwarded to the date’s section for a hearing date to be fixed.
e). All beneficiaries attend court during hearing for confirmation.
f ). When orders for confirmation are granted, a Certificate of
Confirmation is issued forthwith.

33. Miscellaneous Probate and Administration Matters
There shall be maintained, in every registry, a register of Miscellaneous
Probate and Administration matters, with the following entries:
Date

Case Name of
No. Deceased

Name and
Particulars of
Applicant

Name and
Particulars of
Respondent

Prayers
Sought

Orders Remarks
Granted

The following applications may be made;
Citation
Any interested party may take out a citation where the rightful beneficiaries
have failed to take out Letters of Administration. (Form 32 or 36)
Procedure
a).
b).
c).
d).
e).

print.indd 24

Presentation of citation to the registry in the prescribed form.
(Form 32 or 36)
Assessment of court fees.
Issuance of a court fees payment advice.
Payment.
Verification of payment.

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25
f ). A file is opened and particulars entered in the register.
g). Presentation of the citation to the District Registrar for signature.
h). Service of the citation to the citor.
Limited Grants
These are limited to the purpose of preservation of the estate of the deceased
until further representation is granted and also for certain specific purposes.

34. Children Registry
This registry deals with matters relating to parental responsibility, custody,
maintenance, guardianship, care and protection of children and children
in conflict with the law. The processes are governed by the Constitution
of Kenya, Children’s Act, Chapter 586 of the Laws of Kenya and other
relevant legal provisions.
The processes in children matters are the same as those in civil as well as
criminal matters.

35. Special Protection Measures for Children
All children cases shall be tried in separate courts, as provided for by the
law.
a).
b).
c).

The Court should be cleared of all uninterested parties when
children matters are being heard.
Officers handling children cases are allowed to depart from strict
rules of procedure governing other courts.
The best interest of the child is the paramount consideration in
children matters.

36. Checklist for Children Civil Cases
a).
b).
c).
d).
e).
f ).
g).

Plaint or originating summons.
Verifying Affidavit.
Supporting Affidavit.
List of witnesses.
Statement of witnesses.
Exhibits and/or supporting documents.
Application by way of Notice of motion.
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37. Guardianship
a). An originating summons and an affidavit is presented.
b). Fee is assessed.
c). Issuance of a court fees payment advice.
d). Payment.
e). Verification of payment.
f ). Service is effected.
g). Replying affidavit is filed.
h). File is presented to magistrate for action.
Registration
The procedure applicable is found under number 17 (Civil Registry) of this
manual.

38. Requirements in Cases of Children in Conflict with the Law
a).
b).
c).
d).

The arresting officer brings the child to court.
A charge sheet is presented by the arresting officer to the registry.
The child is presented to court, which should be cleared of all
uninterested parties.
The child shall be remanded at a children remand home and when
the child is admitted to bail, the principles applicable to number 9
(Bail and Bond Processing) herein shall apply.

39. Trial
The procedures applicable are in number 11 (Trial) of this manual. However,
the special measures under number 35 (Special protection measures for
children) must be taken into account.

40. Procedure for Children in Need of Care and Protection
There shall be maintained a register of cases for children in need of care and
protection, with the following entries:
Date Case
No.

print.indd 26

Name of the
Child

Applicant Orders
Sought

Orders Made and
Date

Remarks

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27
The process is as follows:
a).
b).
c).
d).

A statement by the police or children officer is presented at the
registry.
A file is opened and the details entered in the register.
The child is presented to court for action.
The court assistant shall ensure that all orders are extracted and
served for execution by the appropriate authority.

41. Election Petitions Registry
Jurisdiction of a Magistrates Court, with regard to Election Petitions, is
limited to disputes arising from County Assembly elections.
There shall be an election petition register maintained at every registry, with
the following entries:
Date Petition
No.

Petitioner

Respondent(s) Prayers

Judgment and Date

Remarks

Decision Made

42. Requirements
a).
b).
c).
d).
e).

Petition.
Filing fees.
Supporting Affidavit.
Deposit of security for costs.
Witnesses’ sworn affidavits.

43. Procedure
a).
b).
c).
d).
e).
f ).
g).
h).

Presentation of the petition.
Assessment of filing fees.
Issuance of a court fees payment advice.
Payment.
Verification of payment.
Receiving of the petition.
Acknowledgment and stamping.
Notification of the filing is done to the Registrar, Magistrates Court.

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i).
j).
k).
l).

Deposit of security for payment of costs.
Service of the petition.
Filing and serving a response.
Receipt of the results of the relevant election, from the relevant
electoral Commission, by the court.
Issuing of a mention notice for directions.
Receipt of ballot boxes by the court and noting the details as per the
rules.
Petition is set down for hearing.

m).
n).
o).

44. Kadhis Registry
Kadhis Court handles the following matters:
a).
b).
c).
d).
e).
NB:

Marriage and divorce registration.
Marriage under Islamic Law.
Divorce matters.
Matters of inheritance.
Matters pertaining to personal status.
This jurisdiction is applicable where both parties profess Islam and
submit to the jurisdiction of the court.

45. Marriage and Divorce Registry
The registry deals with marriage and divorce issues.
Registration of Marriages
There shall be maintained a marriage register, with the following entries:
Date Serial Names &
No.
Particulars of
Husband

Names of Wife Wife’s
(Residence and Guardian/
Identification) Waliyy

(Residence
and
Identification)

Marital Date of Dowry Dowry Name of
Status Marriage Agreed Paid
Witnesses
and
Signatures

Town & Name and
Place of Signature of
Marriage the Kadhi

Requirements
a).
b).
c).

print.indd 28

Duly filled marriage registration application form.
Affidavit by the husband and wife.
Husband and wife’s proof of age (National Identification Card,
Birth Certificate, Passport, etc.)

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29
d).
e).
f ).
g).
h).
i).

Individual photos of the husband and wife and marriage photos of
both (if available).
Certificate of religious marriage, issued by a presiding registrar (this
in case of marriage solemnized out of the country).
Divorce certificate (in case either or both spouses are divorcees).
Death certificate (in case of widow’s or widower’s marriage).
Presence of two (2) witnesses who attended the ceremony.
Power of Attorney (in case the husband is not available).

Procedure
a).
b).
c).
d).
e).
f ).
g).
h).
i).
j).
k).

Application for marriage registration (Memorandum of Marriage)
and affidavit is presented at the registration counter.
Application for marriage registration and documents are verified.
Court fee is assessed.
Payment advice, with a serial number, is issued.
Court fee deposit slip is verified.
Application number is assigned.
Court fee receipt is issued by the cashier.
Documents are date stamped.
Application details are registered in the register.
File is opened.
File is placed before the Kadhi for action.

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Matrimonial Disputes
The case flow chart is as follows:
Presentation of
pleadings to the
Registry

Verification
and assessment
of pleadings

Payment of
court fees and
registration of
pleadings

Issuance of
summons
to enter
appearance

Collection of
summons for
service

Filing the
affidavit of
service

If memorandum
of appearance/
defence is not
filed

Request for
judgment filed

Notice
of entry of
judgment on
liquidated
claims

Filing of
memorandum
of appearance

If memorandum
of appearance
is filed

Filing
statements
of admission
(liquidated
claim)

Filing statement
of defence/
counter claim

Interlocutory/
ex-parte
judgment is
entered
Pre-trial
conference
Formal proof
hearing

Filing
questionnaire

Reply
to defence/
defence to counter
claim

Full trial
Judgment
Decree

1.
2.
3.
4.
5.

Execution by way of:-

Attachment and sale of movable property
Attachment and sale of immovable property
Attachment of monthly salary
Notice to show cause
Committal to civil jail

There shall be maintained a matrimonial disputes register, with the following
details:
Date Case Plaintiff,
of
No. Advocate
Filing
& Contact
(email,
postal &
mobile)

They include:
a).
b).
c).

print.indd 30

Defendant, Nature Date of Fees
Judgment/
Advocate& of
Hearing Paid & Date
Contact
Claim
Receipt
Decision
(email,
No.
Made
postal &
mobile)

Further
Court
Fees &
Receipt
No.

Remarks

Validity of marriage.
Pre-nuptial agreements.
Legal guardianship, etc.

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31
Requirements
a).
b)
c).
d).
e).

Pleadings such as plaint, Notice of motion, and petitions.
Affidavits.
Supporting documents.
List of witnesses.
Witness statements.

Procedure
a).
b).
c).
d).
e).
f ).
g).
h).
i).
j).
k).
l).
m).
n).
o).
p).
q).
r).
s).

Pleadings are presented at the registry counter.
Verification of pleadings and documents.
Assessment of court fees.
Issuance of a court fees payment advice.
Payment.
Verification of payment.
The cause is given a number.
Opening of the file.
Entry is made into the register.
Summons are prepared and signed.
Issuance of summons.
Service of summons through private or court process servers. The
process servers must file Affidavit of Service and attach a copy of
their registration certificate.
Upon service on the Defendant(s), Defendants have 15 days to file
Memorandum of Appearance.
Upon filing Memorandum of Appearance, defendants have 15 days
to file a defence.
If Memorandum of Appearance and/or defence are not filed within
the prescribed period, interlocutory judgment is entered.
For a liquidated claim, a final judgment is entered and costs are
assessed.
Where the claim is unliquidated, the matter shall be set down for
formal proof.
In all other cases, the suit shall be set down for hearing in
accordance with the Civil Procedure Act and Rules.
At conclusion, a judgment shall be pronounced and orders issued
accordingly.
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t).
u).

Further court fees shall be assessed and levied where found due.
Execution processes shall only commence once further court fees
are fully paid.
Informal Divorce
There shall be maintained a register of informal divorce cases, with the
following entries:
Date Cause Name and
No.
Particulars
and
Signature
of
Divorcee
(M)

Name and
Particulars
and
Signature of
Divorcee (F)

Name and No. of Date of
Signatures Divorce Divorce
of
Witnesses

Name Fees Signature Remarks
of
Paid of Kadhi
Town
and
Place of
Divorce

These are divorces that are conducted informally.
Upon application for registration, the following are the requirements;
a).
b).
c).
d).
e).

Duly filled divorce registration application forms
Affidavit.
Proof of identity and age (Identification Card, Birth certificate,
passport, etc.).
Proof of marriage (marriage certificate, witnesses or wedding card).
Proof of divorce (witnesses, letter of divorce, etc.).

Procedure
a).
b).
c).
d).
e).
f ).
g).
h).
i).
j).
k).

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Application for divorce registration and affidavit is presented at the
registration counter.
Documents are verified.
Assessment of court fees.
Issuance of court fees payment advice.
Payment.
Verification of court fee payment.
Application number is assigned.
Court fees receipt is issued.
Documents are dated and stamped.
Details are entered in the register.
File is opened and placed before the Kadhi for action.

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33
Formal Divorce
There shall be maintained a register of formal divorce cases, with the
following entries:
Date
of
Filing

Case Plaintiff,
No. Advocate
& Contact
(email,
postal &
mobile)

Defendant,
Advocate&
Contact
(email, postal
& mobile)

Nature Date of Fees Paid Judgment/ Further
of
Hearing & Receipt Date
Court
Claim
No.
Fees &
Decision
Receipt
Made
No.

Remarks

The processes applicable to formal divorce are found under number 17
(Civil Registry) of this manual.

46. Inheritance
The case flow chart is as follows:
Presentation of relevant
documents for verification
in the registry

1. Death certificate
2. Chief ’s letter
3. Evidence of ownership
of assets
4. Consent from family
members

Purchase/download the
following forms:
1. Form P&A 5
2. Form P&A 57
3. Form P&A 80
4. Form P&A 11
5. Form P&A 12
6. Form P&A 38

Presentation of
duly filled forms for
assessment, registration
and payment of court
fees

Date stamping/
receiving of
documents

Notices forwarded to the
government printer for
advertisement in the Kenya
Gazette

If objection
filed
Hearing and determination
of objection

If the
objection is
upheld

If the objection
is overruled

Compliance with the Court
Order

30 days after
the advertisement,
temporary grant of
letters of administration
issued if no objection
is filed
Application for
confirmation of
grant filed after six
(6) months or earlier,
as the case may be

Grant is confirmed

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There shall be maintained an inheritance register, with the following entries:
Date Case Name of Nationality, Place
No. Deceased Residence & of
and Alias Occupation Death
of Deceased

Date of Name &
Hearing Address of
Administrator/
Petitioner

Gross
Value
of
Estate

Fee
Date
Paid & Grant
Receipt Issued
No.

Date Grant
Confirmed

Checklist for Inheritance Causes
a).
b).
c).
d).

Petition in the appropriate form.
Certified copy of certificate of death.
Affidavit in support of the Petition duly executed.
Letter from the chief or any authority, confirming the beneficiaries
of the deceased’s estate.
e). Guarantors/sureties (where necessary).
f ). Bank-in slips for advertisement in the special issue of the Kenya
Gazette (for full Grants).
g). Evidence of ownership of assets (copies of title documents).
h). Consent from adult beneficiaries.
i).
Where minors are involved, there must be more than one (1)
petitioner.
j).
Copy of Will (where applicable).
NB: For caveat and objection proceedings, refer to number 28 (Caveat)
and number 31 (Objection Proceedings) of this manual,
respectively.
Forms Used
The forms are available at the court registry and can also be downloaded
online from the Judiciary website: www.judiciary.go.ke
a).

Grant of Letters of Administration Intestate –Forms:(i).

P&A 80 – Petition for Letters of Administration Intestate

(ii). P&A 5 – Affidavit in Support of Petition for Letters of
Administration Intestate
(iii). P&A 12 – Affidavit of Justification of proposed Administrator
(iv). P&A 11 – Affidavit of Justification of proposed Sureties
(v).

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P&A 57- Guarantee by Personal Sureties; and

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35
(vi). P&A 38 – Consent to making a grant.
Where the widow is applying alone, she is exempted from
availing a surety; exempted from filing Form 57 and 11). Form
38 is only applicable when there are adult beneficiaries.
b).

Grant of Letters of Administration with written will annexed. Form
80, 5, 12, 11, 57, and 38.

c).

Grant of Probate Testate (written will) - Form 79 and affidavit.

d).

Grant of Probate Testate (oral will) - Form 78 and affidavit.

e).

Grant De bonis Non( with will) – form 87 and affidavit.

f ).

Grant De bonis Non ( without will) - form 86 and affidavit.

g).

Resealing - form 81 and affidavit.

h).

Grant of Letters of Administration Ad Litem - form 90B and
affidavit.

i).

Grant of Letters of Administration Ad colligenda bona- form 85
and affidavit.

j).

Grant of Letters of Administration Pendente lite- form 90 and
affidavit.

k).

Special limited Grant - form 85A and affidavit.

Registration
a).
b).
c).
d).
e).
f ).
g).
h).
i).

Checklist is provided, together with the forms.
Presentation of completed forms at the registration counter.
Verification by the court administrative assistant that all relevant
documents have been availed in accordance with the checklist.
Assessment of court fees.
Issuance of a serial number and a fees payment advice form to pay
the court fees at the bank.
Confirmation by the Accountant that filing fee has been deposited
and issuance of official receipt.
Registration of the petition in the probate registers.
File is placed before the kadhi for action.
Confirmation from the central registry that there is no other grant
filed.
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j).

If no objection has been filed within 30 days after publication in the
Kenya Gazette, the file is placed before the District Registrar for
issuance of Grant of Letters of Administration.
Confirmation of Grant
Requirements
a).
b).
c).
d).
e).

Summons for confirmation forms duly filled- (Form 108 after
expiry of six months and Form 109 before expiry of six months).
Affidavits in support.
Consents of beneficiaries to confirmation.
Where there is a protest, affidavit of protest (Form 10) is received
and filed.
The matter is placed before the kadhi for hearing.

Procedure of Confirmation of Grant
a).
b).
c).
d).
e).
f ).

Duly filled forms are presented for assessment.
Application is assessed.
After payment, the application and the bank-in slip are received at
the cash office.
File is forwarded to the date’s section for a hearing date to be fixed.
All beneficiaries attend Court during hearing for confirmation.
When orders for confirmation are granted, a Certificate of
Confirmation is issued forthwith.

47. Miscellaneous Applications
There shall be maintained a Miscellaneous Applications register, with the
following entries:
Date Case
No.

Applicant

Respondent Orders Sought

Results

Remarks

These applications include;
a).
b).
c).
d).

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Presumption of death and life.
Issues related to will and deceased liability.
Distribution of property.
Legal opinions.

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37
Requirements
a).
b).
c).
d).
e).

Application/pleadings.
Verifying affidavit.
Documents to be relied upon.
List of documents.
List of surviving heirs.

Procedure
a).
b).
c).
d).
e).
f ).
g).
h).
i).

Applications are presented at the registry.
Verification of documents is done.
Assessment of court fees.
Issuance of a court fees payment advice.
Payment.
Verification of payment.
Cause number is issued.
Details of the application filed are recorded in the register.
File is placed before the Kadhi for action.

Refund of Deposits
The process is as follows:
a).
b).
c).
d).
e).
f ).
g).
h).

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48. Execution
The procedures under number 20 (Execution) of this manual shall apply.
For assessment of costs, refer to number 18 of this manual.

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PART E. RECORDS MANAGEMENT
Records management is the systematic and effective control of records
(both paper and electronic) throughout their life cycle, from creation or
receipt through to the time of their disposal.

49. Filing
Case files are filed in Alpha-Numerical order, which is a combination of
numerals, denoting the case number and year filed, and letters, denoting the
classification of the case, as follows:
Criminal:

MCCR

Election Petition:

MCEP

Protection and Care:

MCP & C

Sexual Offences:

MCSO

Civil:

MCCC

Anti-corruption:

MCAC

Children cases:

MC Children Case

Criminal Miscellaneous:

MCCR Misc

Traffic:

MCTR

Civil Miscellaneous:

MCCC Misc

Probate and Administration:

Marriage Registration Cause(Kadhis Court):
Divorce Causes (Kadhis Court):

Divorce Registration Cause (Kadhis Court):
Matrimonial Causes (Kadhis Court):
Succession (Kadhis):

Miscellaneous Cause (Kadhis Court) :
KEY:

MCP&A
KMRC
KCDC
KDRC

KCMC

KCSUCC
KMC

MC- Magistrates Court
KC- Kadhis Court
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a).
b).
c).
d).

All correspondence, pleadings and proceedings are numbered
sequentially, including case number, using an indelible ink pen. All
proceedings should be paginated by the judicial officer.
The system of numbering correspondence must be consistent, with
proceedings being numbered from left to right, and pleadings from
right to left.
Court files are filed in either vertical or horizontal order, depending
on the specifications of the shelves and should have a tag for every
bundle of 50 or 100 files, as may be appropriate.
Storage shelves should be properly marked and labeled to enable
retrieval of files from a given series.

50. Checklist Before Filing Documents
Ensure the following measures are taken before filing;
a).
b).
c).
d).

The document belongs to the file selected.
The file reference number on the document corresponds with the case
number of the file.
All pages of a multiple page document are present and paginated.
All attachments and documents are included and stamped.

All documents filed are entered into a minute sheet maintained in every file,
containing details such as the case number, type of document, date and year
filed, and signature of the officer receiving the document.

51. Perusal of Files
a).
b).
c).
d).
e).
f ).
g).

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Request is done in writing.
Access to the filing shelves and area is limited to authorized
Judiciary staff and judicial officers.
Members of the public shall be served at designated service
counters.
There shall be a perusal requisition form. (Annexure 3)
Perusal is done at a perusal desk after payment of the perusal fees.
Perusal is done under the supervision of Judiciary staff.
There shall be tracer cards, which shall be placed in the pigeonholes
where files have been retrieved, to ease traceability of files.
(Annexure 4)

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52. File Movement Register
a).
b).
c).

There shall be maintained file movement registers in each registry.
(Annexure 5)
Each court assistant shall have a file control register for recording
movement of files.
The information contained in the file movement register is entered
in an electronic system, as a backup and for ease of tracking records.

53. Bring-up Diary
a).
b).
c).
d).

The registry and archives shall maintain bring-up records by the use
of a desk diary, with a space for each day.
File users must indicate the need for and details of any ‘bring-up’
(BU) in writing.
Registry and archives staff record the request in the Bring-up diary
under the appropriate date.
Each day, the member of the registry staff responsible for the BU
diary, must do the following:
(i). Check the Bring-up diary for the next day’s entries.
(ii). Retrieve each file due for BU.
(iii). Record in the movement register and tracer card, the files
dispatched to the relevant officers the next working day.
(iv). If a file due for BU is not in the registry, then the registry staff
must locate it, using the tracer cards and movement register.
(v). If the file is already being used by the officer who has
requested it, or by another officer, it is the responsibility of the
officer in charge of the registry/archives to notify the officer(s)
and coordinate action between them.

54. Reproduction of Records
Reproduction of records involves photocopying, scanning, etc.
a).
b).

Request made in advance, in writing.
Requisite court fee is assessed and paid.

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55. Accessioning of Archive Files
Accessioning is the process of the court archives acquiring files of concluded
cases from the registries.
There shall be an accessioning register kept at the archives, with the
following entries:
Case
No.

Creating
Registry/
Court

a).
b).
c).

Name of
Person
Receiving
File

Date
Received

Final
Disposal/Retention
Orders
Period
and Date
in File

Remarks

Worn out file covers and documents shall be replaced before filing.
Accessioned files are filed in their respective pigeons/shelves in
appropriate series, according to the registry of origin, and the order
of their creation.
Only authorized staff should handle archive files

56. Custody and Safety of Files
a).
b).
c).
d).
e).
f ).
g).
h).
i).
j).

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Files shall be stored in appropriate filing shelves and storage
cabinets, in areas devoid of humidity and pests. The areas should
have controlled temperature.
Active files shall be stored in the registry, semi-active files in the
record center and files for permanent preservation in the archives.
Access to storage areas is limited to authorized personnel only.
All requests shall be made in writing.
Lighting of matches, smoking and storage of inflammable materials
or cleaning solutions in the registry/archives is strictly prohibited.
There shall be smoke detectors and carbon dioxide fire extinguishers
in all registries and archives, which shall be inspected regularly.
There shall be frequent inspection of records storage areas by the
Head of Station to ensure that water leakage, if any, is traced in time
and repaired to prevent damage.
Fumigation of registries and archives shall be done at least once
every six (6) months.
Records shall be protected from direct sunlight.
No food or drink shall be consumed at a registry where files are
processed.

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43
k).
l).
m).

Electrical equipment must be switched off at the end of the day.
There shall be a disaster preparedness plan.
Regular fire and disaster drills shall be conducted.

The Head of Station may create restricted storage facilities for files
considered sensitive. A judicial officer may, based on the circumstances of a
given case, order that the case file be stored in the restricted area.

57. File Audit
File audit is regularly conducted to ensure that the parameters set out in the
case management timelines, provided for in the various statutes, are met.
Procedure
a).
b).
c).
d).
e).

Carry out file audits quarterly. If no discrepancies are found, the
frequency of file audits can be reduced.
Once every quarter, a designated registry officer shall conduct a
census of all files in custody of all registry officers, to ascertain
number of files held by each officer.
All files not being used by the concerned officer are returned to the
registry immediately.
The Audit ascertains that details of concluded cases have been
entered into the case register, that is, the result of the case, date of
such decision and magistrate who made the decision.
The findings of the Audit and all action points shall be presented to
the Head of Station.

58. Tracing and Reconstruction of Missing Files
There shall be maintained a register of missing files, with the following entries:
File
No.

Parties Date Reported Last confirmed Last Action Officer Date
Missing
Location
Recovered

Remarks.

If a file is missing, the registry will take the following steps:
a).

The officer in charge of the registry checks the file movement
register to identify the person in whose possession the file was last,
as recorded. The officer in charge then instructs him/her to trace the
file.
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b).

c).
d).
e).
f ).
g).
h).
i).

If the file is not traced, the officer in charge of the registry circulates
a memo to all staff in the station/ registry, asking them to check
whether the file is in their possession. If the file is not found within
24 hours, the officer in charge will notify the Head of Station.
The Head of Station then initiates a special search.
If the file is not traced after this first search, the officer in charge of
the registry writes the words ‘Original file missing’, in red colour, on
the relevant case register.
The officer in charge of the registry then enters the details of the
missing file in the register of missing files.
If within 14 days the file is not found, the Head of Station issues
a confirmation in writing confirming the loss and authorizing the
reconstruction of the file.
Parties are notified.
In the event that a missing file is traced, the date of recovery
is recorded and its availability is communicated to the parties
concerned by the Head of Station within 24 hours of its tracing.
The file, once traced, is merged with any skeleton file that may have
been opened.

59. Skeleton Files
a).

b).
c).

If action or an application is to be made on a file that is missing,
the registry shall ensure that a skeleton file is opened, subject to
reconstruction orders being granted by the Head of Station and the
desired action taken.
A skeleton file is assigned the same number and parties as the
original missing file, and its existence and movement is recorded in
the normal way.
Special printed skeleton file covers are used for reconstructed files.
In the absence of printed skeleton file covers, a standard file cover
for the station is used but it must be boldly marked with the word
‘SKELETON’.

60. Disposal of Records
Records Survey
Before appraisal and disposal of records is carried out, a records survey is
conducted to ascertain the volume of records to be appraised, the storage

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45
areas or rooms the records are kept in, conditions of storage, formats of
records (paper or electronic), physical characteristics, e.g., maps, sketch
plans, etc., and a report made on these observations.
Criteria for determining records that may be disposed/ destroyed.
No. Description of Records
1.
2.

All records rendered illegible or useless by climate,
insects, fire or water.
Records in civil proceedings, other than those
relating to:

Period after which the records
may be destroyed
At once.
12 years from date of judgment or
final order.

- title to immovable property.
- Succession Causes/Inheritance/ Right of heirship.
- Constitutional and Human Rights issues.
- Rights to water, air, way, light or other easement.
3.

- Custom of a tribe, community or locality.
Records in criminal proceedings where acquittal
or discharge has been ordered or fines only
imposed, orders for security made or sentences of
imprisonment not exceeding one (1) year passed
and where accused has been committed for trial and
complaints dismissed by a magistrate.
- Police reports of death and Inquest records.

3 Years from date of judgment or
final order.

3 Years from date of preparation.

- Miscellaneous police reports.
5.
6.
7.

- Reports of railway accidents.
Judicial returns from Magistrates Courts
Books of accounts lodged in bankruptcy proceedings,
where a discharge was granted.
Miscellaneous correspondence regarding dates of
trial, service of summons, execution of warrants,
transfer of proceedings, attendance of witnesses and
related correspondence.
Books of account and miscellaneous documents,
other than records relating to estates of deceased
persons, which have been distributed and accounts
audited.
Books of account lodged in connection with
bankruptcy proceedings.

(Source: Records Disposal Act, Cap 14 Laws of Kenya)

3 Years from date of preparation.
3 Years from date of discharge.
3 Years from date of
correspondence.
3 Years from date of audit.

12 Years from date of
adjudication.

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61. Appraisal of Records
a).

b).
c).
d).
e).
f ).

g).
h).

i).
j).
k).

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A physical audit of case files is conducted after conclusion of the
cases, to ascertain whether they qualify for disposal or permanent
preservation as per the guidelines provided for by the Records
Disposal Act Cap 14, as summarized hereinabove.
The audit is guided by a well maintained bring- up register.
The case files identified for disposal are then listed.
A draft gazette notice is then prepared for case files destined for
disposal and submitted to the Chief Justice or other designated
officer to facilitate gazettement and publication.
The archivist communicates to the responsible registry/court, upon
gazettement, the date of gazettement and gazette number of the
intended destruction.
On expiry of three months after gazettement, the court makes a
request to the Hon Chief Justice, seeking authority to destroy the
records, books or papers, in respect of which the gazette notice was
issued.
Once authority is granted, the archivist ensures that the disposal
authority is communicated to the courts/ registries within twenty
(24) hours.
All records to be destroyed are burnt in the presence of a magistrate/
kadhi or any other authorized officer. The said officer makes an
entry in the court register, in red, the letter ‘D’ and the date of
destruction against each case’s particulars.
In the interest of environmental conservation, authority to burn
shall be sought from the National Environment Management
Authority (NEMA).
Upon destruction, the court or station submits a Certificate of
Destruction as per the Form in annexure 6.
A register is maintained in the archives of all records destroyed as
per the Certificates of Destruction submitted. The register shall
contain particulars of the records disposed, the date authority of
disposal was granted by the Chief Justice, the date of destruction,
and the date of the certificate of destruction.

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62. Typing and Issuance of Proceedings
There shall be maintained a typing register, with the following entries:
Case Trial
No. of
No. Magistrate Hand
Written
Pages

a).
b).
c).
d).
e).
f ).
g).
h).
i).
j).
k).
l).
m).
n).
o).

Officer
Allocated

No. of Date
Date
Date
Typed Allocated Returned Taken
Pages
by Typist to Proof
Reader

Name
of
Proof
Reader

Date
Remarks
Returned
by Proof
Reader

There shall be a typing and proofreading pool at every court registry.
There shall be continuous typing of proceedings by the office
administrative assistant attached to respective judicial officers.
Request for proceedings shall be done in writing.
The request shall be recorded in the proceedings register.
Assessment of fees.
Issuance of court fees payment advice.
Payment of deposit.
Verification of payment.
The file shall be allocated to an office administrative assistant for
action.
The file shall be allocated to an officer for proofreading.
The proofread draft is returned to the office administrative assistant
for necessary corrections, if any.
The applicant is notified that the proceedings are ready and advised
on the balance payable.
Balance is paid as per the laid down procedures.
The proceedings shall be certified by the trial magistrate/kadhi or
duty court.
The proceedings shall be released to the applicant, who will
acknowledge receipt of the same.

63. Preparation of Records of Appeal
a).
b).

A written request is received from the Deputy Registrar, High
Court.
Proceedings are typed and proofread.

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c).

d).
e).
f ).
Case
No.

The record of appeal is prepared, which contains:
(i). List of contents.
(ii). Charge Sheet.
(iii). Certified copies of proceedings and judgment.
(iv). List of witnesses.
(v). List of exhibits.
The record of appeal, together with the original record, is forwarded
to the High Court.
A skeleton file is opened and retained in the lower court.
The file is recorded in the appeals register, with the following
entries:
Parties Date of
Request

a).
b).

Date
Submitted

Proof of Transfer, Person
e.g., Courier No.
Receiving

Remarks

When a file is being forwarded to the High Court, there will be a
forwarding letter.
The person receiving the files must acknowledge receipt of the file
and the record of appeal.

64. Handling of Official Mail
Mail is categorized into in-coming and out-going mail.
a). Incoming mail is received through Post Office, courier, by a runner,
and e-mail.
b). Every station shall maintain the official email address provided by
the Judiciary.
c). Mail received through Courier services is signed for by the receiving
officer.
d). The plastic bag containing the mail is opened and the contents are
noted before the Courier service officer leaves.
e). The internal mail or mail from outside is delivered to the officer
concerned by an office assistant.
f ). The details of the mail are entered in the GP. 54 Delivery Book.
g). The receiving officer signs in the delivery book upon receipt.
h). Mail shall be opened by the Head of Station or an officer designated
by him/her.

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49
i).
j).
k).
l).

All incoming mail shall be date stamped with the official receiving
stamp, which shall indicate the date of receipt and the action officer.
All incoming mail is entered in an incoming mail register by a
designated registry officer. (Annexure 7)
All out-going mail is entered in an outgoing mail register by a
designated registry officer. (Annexure 8)
All mail requiring a response must be replied to as soon as possible
but in any case, not more than seven (7) days from the date of
receipt.

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PART F. EXHIBITS
There shall be an exhibits store, with an officer in charge and an exhibits
register maintained, with the following entries:
S/
No.

Case
No.

Exhibit Exhibit
No.
Type (eg.
perishable/
nonperishable,
documentary)

Date
Exhibit
Produced
and Witness
Name

Disposal
Orders
and Date
Made

Exhibit
Returned To/
Collected By
(name, ID No.
& Date)

Remarks

a).

All exhibits should be tagged and given a serial number.

b).

All money exhibits should have their denominations and serial
numbers recorded.
Every court assistant must maintain a list of exhibits in the case file,
with the following entries:

c).
P/DMFI
No.

a).
b).

Description of
Exhibit

Exhibit No.

Produced By

Date

(Witness)

Every court assistant shall maintain an exhibit register.
Documentary exhibits should be stored in resealable envelopes.

65. Disposal of Exhibits
a).
b).
c).
d).
e).
f ).
g).

print.indd 50

Exhibits shall be released in accordance with a court order.
In criminal trial, exhibits shall be released 14 days after conclusion
of trial, if no appeal is preferred.
In civil cases, the exhibits are released after 30 days, if no appeal is
preferred.
Release of exhibits shall be recorded in the exhibits register.
The applicant must produce identification documents and sign for
the same.
Depending on the orders of the court, the exhibit(s) shall be stored
appropriately.
Other exhibits, which cannot be brought to court, will be disposed
of as directed by the judicial officer.

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66. Perishables
a).
b).

Perishable exhibits are disposed of on the date of plea and a
Certificate of Destruction/ disposal placed in the court file, awaiting
hearing and determination of the case.
At the conclusion of a case, any of the party entitled to the exhibit
already disposed of, is entitled to the proceeds of the sale.

67. Drugs and Substances
Where the exhibit is a drug or psychotropic substance, it shall be destroyed
in accordance with the law.

68. Forfeited Exhibits
a).
b).
c).
d).
e).

The trial court shall make an order for the disposal of the exhibit.
The court order is extracted by the officer in charge and forwarded
to the Directorate of Supply Chain Management of the Judiciary to
initiate the process of auctioning.
After the sale, a receipt is issued and the necessary transfer
documents prepared.
The proceeds of the sale revert to the state.
Exhibits forfeited to the state should be disposed of in accordance
with the order of the court.

69. Custody of Unclaimed Property
Procedure
a).
b).
Date

Receipt of property inventory form from the police.
File is opened and details recorded in the register, with the
following entries:

File No.

a).
b).
c).

Police Station Description of
Property

Orders Issued

Remarks

and Date

The file is placed before the magistrate for orders.
A notice of description of the unclaimed property is prepared.
The notice is posted on the court’s notice board and served to the
police.
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Mag ist r ates and Kad his C our t R e g ist r y Manu a l

PART G. ASSESSMENT OF COURT FEES
Court fees constitute one of the sources of government revenue.
The rules pertaining to court fees assessment are found in Part IX of
the Judicature Act Cap 8 Laws of Kenya, Marriage Rules 2014 and the
schedules to the various statutes. Assessment of court fees is based on the
Guide to Assessment of Court Fees Revised Edition, 1995 (or as may be
amended from time to time).
There are various categories of court fees, such as:

a).
b).
c).
d).
e).

(i). Court Adjournment Fees (CAF)
(ii). Further Court Fees (FCF)
(iii). Court Collection Fees (CCF)-In case of deposits and
execution of warrants by auctioneers.
(iv) Fees on miscellaneous matters.
(v) Marriage and divorce registration fees for Kadhis Court.
(vi) Court Filing Fees.
Court fee is payable in filing all matters, except criminal matters.
However, fees is payable in privately prosecuted criminal cases.
Other exemptions from payment of court fees are those provided under
Article 22(3) (c) of the Constitution of Kenya and the provisions of
Order 33 of the Civil Procedure Rules, in case of paupers.
Court fee is payable in other miscellaneous matters relating to
brokers licenses, court library membership and renting of lockers for
use by advocates.
In civil matters, there are two categories of court fees; fees on
liquidated claims and fees on non-liquidated claims (claims for
other reliefs or unspecified amounts of money).
No decree or order shall be issued by the registry without payment
of further court fees in case of non-liquidated claims.

70. Calculation of Fees for Liquidated Claims
a).
b).

print.indd 52

A court fees certificate shall be completed and signed by the court
administrators before a decree or order is signed and issued.
Court fee is non-refundable, except in cases where it has been
wrongly assessed.

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71. Contention of Court Fees
Where the assessed court fees is contested, the followings steps shall be
taken:
a).
b).
c).
d).
e).
f ).
g).

Fees shall be paid as assessed.
A written protest shall be filed within 7 days after assessment,
stating the reason(s) for contention.
Fees shall be reassessed by the registry.
Party shall be informed of the outcome by the registry, in writing.
Refund of over assessed fees, if any, shall be made.
In the event that the party is still dissatisfied, the file shall be
referred to the magistrate for determination and the order shall be
final.
A fee of Kshs.100/= is payable upon filing a written protest. The fee
is refundable in case of a successful protest.

72. Fees on General Damages
a).
b).

General damages are those whose claim cannot be estimated at a
monetary value by the parties and at the registry. The fee for such
claims is as per the Fees Assessment Guide.
The actual fee payable is paid as Further Court Fees (FCF) once the
amount of damages has been assessed and awarded by the court or
by consent of the parties.

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The following is the simplified fees schedule of commonly levied charges.
This schedule, however, is not exhaustive. Comprehensive guidelines are to
be found in the relevant Acts of Parliament.

73. Simplified Fees Schedule
S/NO. KEY DOCUMENTS/PROCESS
1.

Plaint (Unliquidated)

Taking Particulars of Plaint
Filing of the Plaint
Verifying Affidavit
List of Witnesses
List of Documents
Each Annexure
Summons to Enter Appearance (each)
Plaint (Liquidated) Ksh. (Specified amount – 5,000) x 5 + 730
5,000 and above
100

AMOUNT
(KSH)
100
1500
75
75
75
10
50

Example
(100,000 – 5,000) × 5 +730 = 5,480
100
3.

Defence

Counter Claim

5.
6.
7.

Reply to Defence
Defence to counter claim
Applications
Certificate of Urgency
Notice of Motion
Notice of Motion/Miscellaneous
Application /Chamber Summons
Application for Injunction
Order
Request for judgment
Affidavits of Service
Hearings & Mentions
Listing
CAF (Full Hearing)
CAF (Application)

8.
9.

print.indd 54

Below 5,000 (as per annexure 9)
Memorandum of Appearance
Statement of Defence
Statement of Admission
List of Witnesses
List of Documents
Each Annexure
Unliquidated as per 1 above
Liquidated as per 2 above
Verifying Affidavit

75
75
75
75
75
10
75
75
75
75
250
250
1500
150
250
75
150
400
200

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55
S/NO. KEY DOCUMENTS/PROCESS
10.

11.
12
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.

Applications for
Execution

Scene Visits
Decree
Certificate
Notice to Show Cause
Warrant of Arrest
Warrant of Attachment
Proclamation
Warrant of Sale
Return of Warrant
Notice of Sale

Attestation
Certification (Per page)
Commissioning
Typing (Per page)
Photocopying (Per page)
P & A 80 (Petition)
P & A 5 (Affidavit per
administrator)
P & A 12 (Affidavit per
administrator)
P & A 57 (Guarantors/
surety)
Form 38 (Consent)
Order
Death Certificate
Chief ’s letter
Prove of ownership of
Each
asset
Filing of objection

AMOUNT
(KSH)
400
150
100
50
50
50
50
50
75
75
75
30
50
30
10
500
150
150
600
150
200
75
75
75
750

In addition to the above, the following fees are chargeable in Kadhis Courts
S/NO
1.
2.
3.
4.
5.
6.
7.

Solemnization of marriage
Issuance of Marriage Certificate
Issuance of Certified Copy of Marriage Certificate
Commissioning of Affidavit (Marriage)
Issuance of Divorce Certificates
Amendment of Marriage Record
Registration of foreign marriage

AMOUNT (KSHS)
2,000
500
600
200
500
200
1000

NB: This guide is not exhaustive. Comprehensive guidelines to be
found in the relevant Acts of Parliament.
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Mag ist r ates and Kad his C our t R e g ist r y Manu a l

ANNEXURES
Annexure 1

REPUBLIC OF KENYA

THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT AT........................
CASH BAIL/DEPOSIT PAYMENT ADVICE NOTE
The Applicant/Bank Cashier
RE: CASE NO.

.......................................

OF .........................................

PAYEE NAME..................................................................................................
...........................................................................................................................
Please collect court fees as herein under in the above matters
Account NO.

.................................................

Account Name:

.................................................

KSH..........................................................................

SIGNATURE OF AUTHORIZED OFFICER

print.indd 56

CTS......................

DATE

1/22/16 10:14 AM

Annexure 2

REPUBLIC OF KENYA

THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT AT........................
COURT FEES/FINES PAYMENT ADVICE NOTE
The Applicant/Bank Cashier
RE: CASE NO.

.......................................

OF . ......................................

...............................

Account Name

...............................

KSH . .......................................

CTS...................................................

SIGNATURE OF AUTHORIZED OFFICER

DATE

Mag ist rates and Kad his C our t R e g ist r y Manu a l

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Annexure 3
Perusal Requisition Form

REPUBLIC OF KENYA

THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT AT........................
PERUSAL REQUISITION FORM
CASE NO..........................................................................................................
DATE.......... .......................................................................................................
PLAINTIFF.......................................................................................................
DEFENDANT...................................................................................................
PARTY/ADVOCATE REQUESTING FOR FILE............................................
...........................................................................................................................
...........................................................................................................................
SIGNATURE........................................ . ........ DATE.........................................
OFFICER IN CHARGE APPROVED/NOT APPROVED
Remarks.............................................................................................................
...........................................................................................................................
SIGNATURE........................................ . ........ DATE.........................................

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Annexure 4
THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT
AT…………………………………….………..
FILE TRACER CARD
CASE FILE NO.: ……………………………..
S/
NO

DATE Name & PJ
No. of Person
Retrieving

Reason for
Retrieval (Eg. P
– for perusal)

Receiving
Court/Office

Date
Returned

Remarks

KEY
HG –
P
–
FD

–

Hearing
Perusal

M
T

Fixing Date FP

–
–
–

Mention
Typing

D –
DO –

Filing of Pleadings

Directions
Decree/Order

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Annexure 5
THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT AT........................

File Movement Register
CASE
NO.

print.indd 60

NAME OF
PERSON
RECEIVING
FILE

PJ. NO. DATE
SIGN
REMOVED
&
PURPOSE

DATE
REMARKS
RETURNED

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Annexure 6
Certificate of Destruction of Exhibits

REPUBLIC OF KENYA

THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT AT........................
CERTIFICATE OF DESTRUCTION OF EXHIBITS
CASE NO........................................................................................................................
DESCRIPTION OF EXHIBIT........................................................................................
QUANTITY.....................................................................................................................
METHOD OF DESTRUCTION.....................................................................................

This is to certify that the aforementioned exhibits were destroyed on this .............. day
of.................. 20.................... as prescribed by the Law.
Before...............................................................................................................................
at.......................................................................................................................................
.........................................................................................................................................

Mag ist rates and Kad his C our t R e g ist r y Manu a l

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.........................................................................................................................................
.........................................................................................................................................
.........................................................................................................................................

MAGISTRATE/KADHI

DATE

Destruction witnessed by
1.

Name..........................................
Designation................................
Signature....................................

DATE..........................................

Name..........................................
Designation................................
Signature.....................................

print.indd 62

DATE..........................................

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Annexure 7
THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT AT........................

Incoming Mail Register
DATE
FROM
SUBJECT FILE REF/
RECEIVED
CASE NO.
(SENDER)

SIGNATURE RECEIPT
(In case of Postal
Orders, cheques etc.)

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Annexure 8
THE JUDICIARY
IN THE MAGISTRATE’S/KADHI’S COURT AT........................

Outgoing Mail Register
DATE
FROM
RECEIVED
(SECTION)

print.indd 64

SUBJECT

FILE REF/ SIGNATURE DATE
CASE NO.
DISPATCHED

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Annexure 9
Table of Court Fees on Plaint Less than Kshs.5,000
From
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”
”

Kshs.

1
100
200
300
400
500
600
700
800
900
1,000
1,100
1,200
1,300
1,400
1,500
1,600
1,700
1,800
1,900
2,000
2,100
2,200
2,300
2,400
2500
2,600
2,700
2,800
2,900
3,000
3,100
3,200
3300
3,400
3,500

Amount Claimed
Cts.
00
To
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”
01
”

Kshs
100
200
300
400
500
600
700
800
900
1,000
1,100
1,200
1,300
1,400
1,500
1,600
1,700
1,800
1,900
2,000
2,100
2,200
2,300
2,400
2,500
2,600
2,700
2,800
2,900
3,000
3,100
3,200
3,300
3,400
3,500
3,600

Cts.
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00
00

Requisite Fees
Kshs
Cts
50
00
70
00
90
00
110
00
130
00
150
00
170
00
190
00
210
00
230
00
250
00
270
00
290
00
310
00
330
00
350
00
370
00
390
00
410
00
430
00
440
00
450
00
460
00
470
00
480
00
490
00
500
00
510
00
520
00
530
00
540
00
550
00
560
00
570
00
580
00
590
00

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Mag ist r ates and Kad his C our t R e g ist r y Manu a l

”
”
”
”
”
”
”
”
”
”
”
”
”
”

print.indd 66

3,600
3,700
3,800
3,900
4,000
4,100
4,200
4,300
4,400
4,500
4,600
4,700
4,800
4,900

01
01
01
01
01
01
01
01
01
01
01
01
01
01

”
”
”
”
”
”
”
”
”
”
”
”
”
”

3,700
3,800
3,900
4,000
4,100
4,200
4,300
4,400
4,500
4,600
4,700
4,800
4,900
5,000

00
00
00
00
00
00
00
00
00
00
00
00
00
00

600
610
620
630
640
650
660
670
680
690
700
710
720
730

00
00
00
00
00
00
00
00
00
00
00
00
00
00

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