How to Prepare a Petition for Filing at Milimani Law Courts

Milimani Law Courts in Nairobi houses several High Court divisions under one complex, civil, commercial, constitutional and human rights, family, and criminal among them, plus magistrates' courts. Before you can even think about formatting a petition correctly, you need to know which of these it belongs to, because the substantive rules governing a particular type of petition (what it must plead, what relief it can seek, what supporting documents it needs) differ by division and by the nature of the claim. This guide focuses on the practical preparation and formatting steps that apply once you know which registry you're filing in. For the specific procedural rules governing your type of petition, particularly if it alleges a violation of constitutional rights, confirm the current requirements with the relevant registry or a practising advocate rather than relying on a general guide.

Step 1: Confirm the correct division and registry

Milimani's registries are organized by subject matter. A petition alleging a breach of fundamental rights or freedoms typically goes to the Constitutional and Human Rights Division. A commercial dispute goes to the Commercial and Tax Division. Confirm which registry applies to your matter before drafting, since filing at the wrong registry can mean your petition gets redirected before it's even considered, costing you time you didn't need to lose.

Step 2: Draft the petition and its supporting affidavit

A petition is typically drafted alongside a verifying affidavit that confirms the facts pleaded. Structure the petition clearly: the parties, the facts giving rise to the petition, the specific relief sought, and the grounds relied upon. Keep the case heading consistent with what you'll use across all documents in the matter, since the heading format itself needs to match the Judiciary's e-filing system, covered in the next step.

Step 3: Format to the High Court's typing standard

Milimani Law Courts is a High Court station, so the High Court's 2022 Practice Directions apply to documents filed there. Under Paragraph 9, that means A4 paper, margins of 1.5 inches top and bottom and 1.75 inches left, Times New Roman, Arial, or Century Gothic at size 12, fully justified, with 1.5 line spacing. Set this up as your document template before drafting rather than reformatting the petition afterward.

Step 4: Match the case heading to the e-filing system

Paragraph 10 requires the case heading to follow the format set out in the Judiciary's electronic filing system. Check this against the current portal rather than an older precedent, particularly if your firm hasn't filed a petition in this division recently.

Step 5: Number pages and annexures correctly

Under Paragraph 11, number the petition itself at the bottom right-hand corner. Any annexures to the supporting affidavit, such as documentary evidence or correspondence, are numbered separately at the top right-hand corner. If the affidavit refers to specific annexures by number, double-check that the numbering in the document matches what's actually referenced in the text.

Step 6: Confirm whether every-tenth-line numbering is expected

The High Court's 2022 directions scope the every-tenth-line requirement specifically to Records of Appeal under Paragraph 14, not to an original petition. That means an original petition filed at Milimani doesn't strictly require it under this practice direction. That said, some registries or judges may still expect it as a matter of local practice, particularly in divisions handling matters that frequently proceed to appeal. If you're uncertain, it costs nothing to apply it and confirms you won't be asked to refile over it later.

Step 7: Assemble the supporting bundle

Petitions are rarely filed alone. Gather the verifying affidavit, any annexures it references, and a list of authorities if you're citing case law or statutory provisions in support. Keep the bundle in a logical order (petition, affidavit, annexures, authorities) and paginate consistently throughout, rather than restarting page numbers within each separate document.

Step 8: File through the e-filing system

Under Paragraph 16 of the High Court's directions, pleadings and documents are filed via the Judiciary's electronic filing system and must satisfy the criteria specified for acceptance there. That acceptance criteria traces back to the same formatting rules covered above, so a petition formatted correctly at the drafting stage should move through e-filing without a formatting-related rejection. See E-Filing in Kenya: Formatting Rules Advocates Should Know for what the portal itself expects on submission.

Step 9: Track your hearing date

Under Paragraph 24, all filed matters must be given a date. If a hearing date isn't assigned automatically, the matter is listed for mention before a judge specifically to fix one. Keep an eye on your filing's status after submission rather than assuming a date will simply appear, particularly for matters filed close to a registry's processing backlog.

A final formatting check before you file

Before submitting:

• Correct registry and division confirmed
• A4 paper, correct margins, approved font at size 12, fully justified, 1.5 spacing
• Case heading matches the current e-filing system format
• Petition numbered bottom right, annexures numbered top right
• Every-tenth-line numbering applied if your registry expects it
• Supporting affidavit, annexures, and list of authorities assembled in order

Getting the formatting right the first time means the only thing left to review at the registry is the substance of your petition, not whether it's numbered correctly. Tenthliner handles the page and line numbering step on a finished PDF, so you can focus your drafting time on the petition itself. For the underlying formatting requirements behind other courts too, see What Is Tenthlining and Why Kenyan Courts Require It.