HOW TO OBTAIN A COURT ORDER IN KENYA

HOW TO OBTAIN A COURT ORDER IN KENYA

A court order is an official proclamation by a magistrate or judge or panel of judges that defines the legal relationships between parties to a hearing, a trial, an appeal or other court proceedings. Such ruling demands or authorizes the carrying out of certain steps by one or more parties to a case.

One must file a case with legit reasoning in the Law. An order can be as simple as setting a date for a trial or as complex as restructuring contractual relationships between companies in different countries. It may be a final order (one that concludes the court action), or an interim order (one during the action). Most orders are written and are signed by the judge. Some orders, however, are spoken orally by the judge in open court and are only reduced to writing in the proceedings. Filing cases depends on the type of case: criminal or civil.

For criminal cases,

  1. Report the wrongdoing to the nearest police station; accompanied by your witnesses if any.
  2. One is given a reference number to follow up with and the complaint is recorded in the occurrence book.
  3. If the Police are satisfied that a crime may have been committed, they will arrest the accused person and may detain him or release him on reasonable bond terms pending further action.
  4. They will then forward the file to the prosecution counsel who will decide whether to file the matter in court or not depending on the evidence.

For civil cases,

  1. Understand your cause of action, that is, the wrongdoing and which part of the law you are relying on to sue the other person.
  2. Consult an advocate.
  3. They will assist in drafting the documentation and filing the case in court.

NB: It is highly advisable to consult a lawyer before proceeding to court in order to be aware of other dispute resolution methods and the best way forward for your specific matter. 


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