Ensuring Your Legal Documents are Served Correctly
Engaging professional process serving experts is a fundamental and non-negotiable step in the litigation process. The success of a court case often hinges on the legally correct delivery of documents, and Swipe Recoveries Experts Ltd guarantees meticulous, timely, and verifiable service of summons, plaints, notices, and other court documents throughout Nairobi and across Kenya. Improper service can lead to cases being dismissed and significant delays. Our team of experienced process servers understands the critical importance of their role and operates with precision and tenacity, ensuring we provide you with a sworn Affidavit of Service that will stand up to scrutiny in any court of law, including the Milimani Law Courts.
The Civil Procedure Act (Order 5): The Law of Service
The service of court documents in Kenya is strictly governed by the Civil Procedure Act and the detailed rules outlined in Order 5 of the Civil Procedure Rules. This legislation is not merely a guideline; it is the definitive legal standard for how a defendant must be notified of a lawsuit against them. The primary objective is to uphold the principles of natural justice, ensuring that every party has a fair opportunity to present their case. The law dictates that service should, in the first instance, be personal, meaning the documents are physically handed to the defendant.
Our process servers are extensively trained on the nuances of Order 5. They understand the legal requirements for identifying the correct individual, the appropriate times and places for service, and the procedures to follow if personal service is not possible. When a defendant actively evades service, we meticulously document every attempt, which forms the necessary evidence to apply to the High Court for an order for 'substituted service'—such as service via a newspaper advertisement or by affixing documents to their last known address. This adherence to legal doctrine ensures the service we provide is legally unassailable.
Our Process Serving Procedure: From Instruction to Affidavit
Our systematic approach ensures efficiency and legal compliance at every stage of the process serving journey.
Step 1: Client Instruction and Document Review
You provide us with the court documents to be served, along with all known details of the recipient, including their full name, physical address, workplace, and phone number. Our team reviews the documents to ensure they are complete and ready for service.
Step 2: Attempt at Personal Service
Our dedicated process server will promptly proceed to the provided addresses to effect personal service. Our servers are trained to be professional, discreet, and firm. They will positively identify the recipient before handing over the documents and explaining their nature. The date, time, and location of service are carefully recorded.
Step 3: Handling Evasion and Substituted Service
If the recipient cannot be found or is actively evading service, our server will make several documented attempts at different times. If these attempts fail, we will prepare a detailed report and a supporting affidavit. This evidence is then used by your advocate to apply to a judge for an order for substituted service.
Step 4: Preparation of the Affidavit of Service
Upon successful service, our process server immediately prepares a formal Affidavit of Service. This is a sworn legal document that details who was served, what was served, and the exact date, time, and location of the service. It is then commissioned by a Commissioner for Oaths and becomes the official proof of service for the court record.
Transparent Pricing for Process Serving (KES)
We offer clear, competitive, and transparent pricing for our process serving tasks. Our fees are structured based on the location of service and the complexity of the task, ensuring you receive value and clarity.
Nairobi CBD & Immediate Environs: For service within the central business district and areas like Upper Hill, Westlands, and Kilimani, our standard fee typically ranges from KES 3,000 to KES 5,000 per recipient.Greater Nairobi Metropolitan Area: For service in outlying areas of Nairobi County and adjacent satellite towns (e.g., Ruiru, Kitengela, Ongata Rongai), fees range from KES 5,000 to KES 10,000, accounting for travel time and costs.Substituted Service: The cost for substituted service via newspaper is separate and is charged at cost by the publication. This can range from KES 15,000 to KES 40,000 or more, depending on the newspaper and size of the notice.
All our fees include the drafting and commissioning of the Affidavit of Service. We provide a firm quote before undertaking any assignment.
