JACOB NYAGA NJERU V. NJERU KINANDA

JUDGMENT

1. Article 159(2) (d) of the Constitution requires courts and tribunals, in exercise of judicial authority, to administer justice without undue regard to procedural technicalities. This constitutional edict was not intended to suspend or undermine the application of the rules of civil procedure in so far as such rules regulate the institution and prosecution of civil suits within such timelines as would guarantee expedition and cost-effectiveness in accordance with the overriding objectives set out in sections 1A and 1B of the Civil Procedure Act, Revised 2020 [1985] (hereafter the Act), and sections 3A and 3B of the Appellate Jurisdiction Act. The former applies to proceedings before the High Court while the latter applies to proceedings before this Court. These objectives impact just and expedient determination of competing claims.

2. Sections 1A and 1B of the Act do not by any means impute tolerance to indolence when they require facilitation of the just, expeditious, proportionat…