Process service is not simply about delivering documents. In Kenya, it is a procedural requirement governed by court rules, and errors in service can delay or even derail a case.
This guide explains how process service works in Kenya, step by step, so advocates, litigants, and foreign clients understand what happens from instruction to proof of service.
Step 1: Receiving Instructions
The process begins when a client—typically an advocate, law firm, or litigant—issues instructions to serve documents.
At this stage, the process server reviews:
- The documents to be served
- The nature of the case (civil, family, commercial, employment)
- Any court-imposed timelines
- Known details about the recipient (address, workplace, routines)
Clear instructions reduce delays and unsuccessful service attempts.
Step 2: Reviewing Legal Requirements
Before service is attempted, the process server confirms:
- Which court rules apply
- Whether personal service is required
- Any restrictions or special directions from the court
Different documents may have different service requirements, and professional servers ensure compliance before proceeding.
Step 3: Planning the Service
Once requirements are confirmed, the server plans the service by:
- Identifying the most appropriate location(s)
- Timing service to maximise chances of success
- Assessing safety and discretion considerations
This planning stage is particularly important where recipients are evasive or uncooperative.
Step 4: Effecting Service
Service is carried out by:
- Personally delivering documents to the named recipient, where required
- Clearly identifying the documents being served
- Conducting the interaction professionally and without confrontation
Service is typically effected at:
- Residential addresses
- Places of work
- Public locations, where appropriate and lawful
The process server does not argue, persuade, or provide legal advice.
Step 5: Handling Refusal or Avoidance of Service
If a recipient:
- Refuses to accept documents, or
- Actively avoids service
The server documents the circumstances carefully. In some cases, service may still be deemed effected if the recipient was clearly identified and made aware of the documents.
Persistent avoidance may require legal guidance on substituted service.
Step 6: Documenting the Service
Immediately after service, the process server records:
- Date and time of service
- Exact location
- Identity of the person served
- Manner in which service was effected
Accurate contemporaneous notes are essential for preparing a credible affidavit of service.
Step 7: Preparing the Affidavit of Service
An affidavit of service is a sworn statement confirming:
- What documents were served
- Who was served
- When and where service occurred
- How service was carried out
This affidavit is signed and commissioned in accordance with legal requirements and is relied upon by courts as proof of service.
Step 8: Delivery of Proof to the Client
The completed affidavit of service is:
- Delivered to the instructing advocate or client
- Filed in court as required
- Retained as part of the case record
For clients outside Kenya, affidavits and updates are usually provided electronically.
Why Professional Process Service Matters
Professional process service ensures:
- Compliance with court rules
- Reduced risk of objections to service
- Accurate affidavits that withstand scrutiny
- Timely progression of cases
Improper service is one of the most common causes of procedural delays in Kenyan courts.
Process Service in Kenya – Reliable and Court-Compliant
Whether you are an advocate, a litigant, or a client outside Kenya, understanding how process service works helps you protect your case.
👉 Learn more about our Process Service in Kenya, including affidavits of service and service for foreign clients.
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