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VexatiousProceedings Act

The Vexatious Proceedings Act aims to prevent the abuse of court processes by individuals who habitually file vexatious legal proceedings. The High Court has the authority to declare a person a vexatious litigant and restrict their ability to initiate civil or criminal cases without permission. The Act outlines the procedures for such declarations and the conditions under which legal actions may be continued.

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Kimotok Barnabas
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26 views5 pages

VexatiousProceedings Act

The Vexatious Proceedings Act aims to prevent the abuse of court processes by individuals who habitually file vexatious legal proceedings. The High Court has the authority to declare a person a vexatious litigant and restrict their ability to initiate civil or criminal cases without permission. The Act outlines the procedures for such declarations and the conditions under which legal actions may be continued.

Uploaded by

Kimotok Barnabas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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LAWS OF KENYA

VEXATIOUS PROCEEDINGS ACT

CHAPTER 41

Revised Edition 2012 [1980]


Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
[Rev. 2012] CAP. 41
Vexatious Proceedings

CHAPTER 41

VEXATIOUS PROCEEDINGS ACT


ARRANGEMENT OF SECTIONS
Section
1. Short title.
2. Power to make orders.
3. Restraint of civil proceedings.
4. Restraint of criminal proceedings.

V1 - 3 [Issue 1]
[Rev. 2012] CAP. 41
Vexatious Proceedings

CHAPTER 41

VEXATIOUS PROCEEDINGS ACT


[Date of assent:14th March, 1958.]
[Date of commencement:20th March, 1958.]
An Act of Parliament to prevent abuse of the process of the High Court and
other courts by the institution of vexatious legal proceedings
[Act No. 4 of 1958, L.N. 210/1966, Act No. 18 of 1979.]

1. Short title
This Act may be cited as the Vexatious Proceedings Act.
2. Power to make orders
(1) If, on an application made by the Attorney-General under this section, the
High Court is satisfied that any person has habitually and persistently and without
any reasonable ground instituted vexatious proceedings, whether civil or criminal,
and whether in the High Court or in any subordinate court, and whether against the
same person or against different persons, the Court may, after hearing that person
or giving him an opportunity of being heard, make an order declaring such person
to be a vexatious litigant.
(2) If the person against whom an order is sought under this section is unable on
account of poverty to retain an advocate, the High Court shall assign an advocate
to him in respect of such application.
(3) A copy of any order made under this section shall be published in the
Gazette.
3. Restraint of civil proceedings
No suit shall, except with leave of the High Court or of a judge thereof, be
instituted by or on behalf of a vexatious litigant in any court, and any suit instituted
by him in any court before the making of an order under section 2(1) of this Act
shall not be continued by him without such leave; and such leave shall not be given
unless the Court or the judge is satisfied that the suit is not an abuse of the process
of the court and that there is a prima facie ground for the suit.
[Act No. 18 of 1979, Sch.]

4. Restraint of criminal proceedings


No criminal proceedings shall, except with the written consent of the Attorney-
General, be instituted by a vexatious litigant in any court.

V1 - 5 [Issue 1]

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