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By: OOC
By Allan Ong’ato, Esq
The lawyer is standing at the gate to Heaven and St. Peter is listening to his sins . . . the list goes on for quite a while. The lawyer objects and begins to argue his case. He admits all these things, but argues, “Wait, I’ve done some charity in my life also.” St. Peter looks in his book and says, “Yes, I see. Once you gave a dime to a panhandler and once you gave an extra nickel to the shoeshine boy, correct?” The lawyer gets a smug look on his face and replies, “Yes.” St. Peter turns to the angel next to him and says, “Give this guy 15 cents and tell him to go to hell.” LARRY WILDE, THE ULTIMATE LAWYER’S JOKE BOOK 10(1987).
Probono publico is latin for ‘for the public good.’ The concept of pro bono legal services emanated out of the need to serve those who are described as poor, low-income, modest income or indigent persons
An Indigent person is defined in the Legal Aid Act, 2016 as a person who cannot afford to pay for legal services. Indigent persons are persons who are economically deprived or unequal members of society, typically children and vulnerable people in society.
Ethical Justifications for Probono obligations
A central feature of legal professionalism is the ideal of public service, according to which a lawyer must not only represent client interests but also advance the broader public good. However, this recognition has been far stronger in theory than in practice.
The Law Society of Kenya, through its code of ethics, only encourages pro bono lawyering in cases of indigent clients but does not give guidance on the number of hours lawyers should ideally offer as part of their professional responsibility. This means that lawyers have discretion to decide whether to take up probono obligations and how much time to dedicate to it.
In other jurisdictions, for example the US, the American Bar Association’s ethical rules recommend that lawyers contribute at least 50 hours of pro bono legal work every year. In yet others, pro bono legal work is mandatory. For example, in South Korea, lawyers are required to provide at least 30 hours of pro bono legal services. Those who are unable to fulfil this condition for good reason must pay a certain amount per hour in lieu of providing the service.
Pursuant to the Cab rank rule, lawyers are required to take briefs as they come without any bias. The cab rank rule originates from the British taxis/cabs in London which would have their lights on to indicate that they were available for work or off to indicate unavailability. The client who comes first is served by the first Cab. On the other hand, the taxi driver does not get to choose the client. This applied in the same manner as in the legal profession.
Incorporating free legal aid services in lawyer’s daily work is a salient responsibility of the profession. The need for pro bono lawyering is to address the issue of unequal access to legal help and promote access to justice. Law is considered a higher calling, and should therefore be undertaken not only for self-interest but also in the service of others for equal justice under the law.[1]
Pro-bono work reminds Lawyers of why they went to law school, and is the one they will always remember.
In the US, Law firm leaders have also offered pro bono as a way of counteracting lawyer dissatisfaction by providing meaningful work experiences in an environment otherwise bereft of opportunities for personal fulfillment. Pro bono can ameliorate the psychological wellbeing of lawyers that enhance job satisfaction and diminishes lawyer turnover. Pro bono thus makes lawyers feel good about themselves and the firm, providing an antidote to the disillusionment experienced by associates caught in the rut of routine billable work. These social trends potentially influence investment in pro bono programs by law firms.
Indeed, one attorney characterizes pro bono work as the vaccine which renders him immune to lawyer jokes and claims it provides an opportunity for the profession to counteract the negative, distorted image thrust upon it.’ Mark E. Allen, Pro Bono Attorneys Do It For Free, WASH. ST. B. NEWS, Nov. 1991, at 21, 21
Ethics behind free legal aid clinics
Free legal aid clinics is one of the ways in which legal aid providers reach out to the socially and economically disadvantaged persons in the society to enable them understand and protect their rights. This is because the justice and legal system in Kenya is not equally accessible to everybody. The financially disadvantaged people, the persons living with disabilities and minority groups often experience particular difficulty in accessing justice.
The definition of legal aid as provided in the Legal Aid Act encompass legal advice, legal representation, assistance in resolving dispute through alternative dispute resolution mechanisms, drafting of relevant incidental to any legal proceedings, legal awareness creation and advocacy work on behalf of the community. Legal aid services are provided for people from certain socio-demographic groups, such as children, women, ethnic minorities, prisoners, etc.
Majority of free legal aid clinics are organized and/or sponsored by Non Governmental Organizations with the assistance of their sponsors and/or partners. NGO’s involved in this type of work include Federation of Women Lawyers, the Cradle, the International Commission of Jurists in Kenya, Kituo Cha Sheria, the Public Law Institute and Kelin Kenya (Latham & Watkins, 2016).
Many times these organizations work with law students who provide indirect legal aid services by acting as facilitators between persons in custody, prisons and legal services institutions. In Canada, these types of programmes serve as a training ground for future legal aid lawyers.[2]
The Law Society of Kenya also organizes an annual legal awareness week whose objective is to advance legal literacy among the general public. During this time, law firms and legal service organizations provide free legal aid to members of the public throughout the country’s high courts.
Free legal aid clinics involves opportunities to find meaningfulness through work because it allows individuals to engage in work behaviors that matter, are significant for others inside and outside of the organization, and can also serve the greater good.
How advocates that use free legal aid trusts and foundations to self-enrich should be punished
It can’t be denied that there are rogue advocates who use funding for probono services to self enrich e.g by diverting funds meant for probono services especially in the context of NGOs. Bar associationsare organizations of lawyers responsible for the regulation of the legal profession in their jurisdiction (by enforcing standards of ethical conduct). In the Kenyan context, the Law Society of Kenya must discipline errant members who embezzle funds through measures as severe as disbarment.
The Legal Aid Act, 2016 should also be amended and specific offences relating to embezzlement of legal aid funds together with severe criminal sanctions introduced for legal aid providers who embezzle funds meant for legal aid services. This way, errant Advocates who use funds meant for legal aid to self enrich will additionally face criminal sanctions.
Francis Mugo & 22 others -vs- James Bress Muthee & 3 others, Civil suit No. 122 of 2005 [2005] eKLR
The Defendants made an application before Court seeking that Andrew Mukite Musangi, Advocate, be barred or disqualified from representing the Plaintiffs in the case on the ground that the Defendants had intentions of calling him as their witness.
Mr Musangi had drawn and witnessed a certain lease agreement between one of his clients and other parties, which were the basis of the suit. The lease was alleged to have been drawn in bad faith in perpetration of an illegality.
Mr. Musangi had also acted for the Defendants’ landlord in a separate suit which was still pending before Court hence there was a real possibility for conflict of interest.
The Court allowed the application.
Defence in capital offences
A lack of funds for legal fees is recognized as one of the main barriers to access to justice, especially since the layman is not as qualified as a lawyer to navigate the intricacies of the justice system alone.[3]
Kenya’s current constitution provides that it is the state’s responsibility to ensure access to justice for all persons,[4] and that every person has the right to a fair trial, including adequate time and facilities to prepare a defence.[5] It specifically provides for the responsibility of the state. Article 48 states that “The State shallensure access to justice for all persons….” Article 50 on the other hand, additionally provides that an accused person has the right to a fair trial which includes having an advocate assigned to them by the state at its own expense if substantial injustice would occur otherwise. Article 25 further provides that the rights that cannot be limited include the right to a fair trial. Article 27 provides for equality amongst all persons before the law, including full and equal enjoyment of all rights and fundamental freedoms.
In many jurisdictions in Africa, focus of pro bono beyond vulnerable people has been centered on persons facing criminal charges and their access to free legal representation sometimes can be directed by a court order. Similar observations have been made in a number of jurisdictions in the Middle East including Lebanon, Jordan and Yemen where pro bono services are very scarce with the exception of criminal cases where free legal representation is guaranteed by law.[6]
The pauper brief scheme is a scheme that was operated by the Judiciary over the years that was aimed at providing indigent persons accused of murder with free legal representation. It is similar to that of legal aid.[7]
The scheme allows the court to pass briefs to Advocates to appear for such accused person for a minimal fee without seeking payment from the accused person. Normally only junior Advocates take up pauper briefs since the seniors do not have much time to spend on such briefs.
In 2016 however, the Chief Justice gave practice directions on probono services and pauper briefs.[8] The practice directions mandate Probono Committees in court stations to allocate matters involving inter alia capital offences to qualified counsel for a fee of Kshs. 30,000/=
Can holding defence briefs in capital offences be justified given that most firms/advocates do it out of tradition rather than in pursuit of justice for the inmates?
The ratio of lawyers to the general population has been estimated at 1 to 5500 people. Few legal aid service organizations exist in Kenya. The LSK has put together a code of conduct and ethics which governs the practice of legal services in Kenya. Despite the general consensus about the need to include pro bono in the access to civil justice solution, from the perspective of law firms, the management of pro bono can feel like more of a burden than a benefit.[9]
Pro bono attorneys always see the provision of legal services at below market rates as an opportunity to obtain more experience and develop a client base that will yield clients that can pay higher fees in the future..
In places like the US, pro-bono work expanded due to the avenues it provided new recruits for on-the-job training. Three things about pro bono work that stand out: it provides early opportunities for substantial and meaningful direct interaction with clients, it offers young litigators the opportunity to develop skills through experiences that would not be available for them from paying work, and it provides experience in a far wider range of subject matters than the standard commercial litigation space.
Efficacy of public defence briefs in capital trials
Legal representation of indigent persons charged with capital offences is necessary so as to avert substantial injustice that may result. The Courts have stated that what constitutes “substantial injustice” results when a person charged with a capital offence can’t represent themselves.[10] The Court went ahead to find that failure to provide legal representation to an accused person is detrimental to access to justice. The court noted that in so far as legal representation is concerned, substantial injustice would result “where a person is charged with an offence punishable by death.”
Statistics have shown that a majority of capital offences that are assigned to probono lawyers result in convictions. According to KNCHR, over 85% of capital offences assigned to probono lawyers by court result in convictions. The reverse is true where accused persons engage lawyers privately.[11] This demonstrates that free legal representation doesn’t in and of itself guarantee access to justice.
In his analyses on access to justice and legal aid, Marcos[12] notes that cases assigned to probono lawyers in Kenya sometimes result in poor quality legal services because the assigned lawyer may not be an expert in the case. He also notes that factors such as lack of accountability and corruption pose a threat to free legal representation in Kenya. Also, probono lawyers may not be as committed to the case as a result of the meager payment they receive from the state.[13]
Representation under the Victim Protection Act
The case of Joseph Lendrix Waswa vs the Republic[14] which was litigated all the way to the Supreme Court will be used to illustrate the applicability of provisions of the Victim Protection Act No. 17 of 2014 to the criminal justice process.
The accused person had been charged with the murder of a student aged 22 years. After 9 prosecution witnesses had testified, Counsel watching brief for the family of the deceased made an oral application for leave to actively participate in the proceedings and premised his application inter alia on provisions of the Victim Protection Act, which he argued had been enacted to give effect to Article 50 (9) of the Constitution of Kenya, 2010, which provides as follows –
“Parliament shall enact legislation providing for the protection, rights and welfare of victims of offences.”
The High Court allowed Counsel for the Victims’ participation to the following extent –
“31 i on submission at the close of the prosecution case whether there is a case to answer.
ii Final submission should the accused be put on his defence.
iii On points of law should such arise in the course of trial.
iv Upon application at any stage of the trial for the consideration
by the court.”
Both the Court of Appeal and the Supreme Court upheld the High Court decision.
The VPA defines a Victim as any natural person who suffers injury, loss or damage as a consequence of an offence.
Section 2(b) of the VPA on General Principles provides amongst others that every victim must as far as possible be given an opportunity to be heard and to respond before any decision affecting him or her is taken.
Section 9 on the right of a victim during the trial process states that –
A victim has a right to —
| (a) | be present at their trial either in person or through a representative of their choice; | ||
| (b) | have the trial begin and conclude without unreasonable delay; | ||
| (c) | give their views in any plea bargaining; | ||
| (d) | have any dispute that can be resolved by the application of law decided in a fair hearing before a competent authority or, where appropriate, another independent and impartial tribunal or body established by law; | ||
| (e) | be informed in advance of the evidence the prosecution and defence intends to rely on, and to have reasonable access to that evidence; | ||
| (f) | have the assistance of an interpreter provided by the State where the victim cannot understand the language used at the trial; and | ||
| (g) | be informed of the charge which the offender is facing in sufficient details. |
Section 9(2) then states that –
Where the personal interests of a victim have been affected, the Court shall—
| (a) | permit the victim’s views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court; and | ||
| (b) | ensure that the victim’s views and concerns are presented in a manner which is not— (i) prejudicial to the rights of the accused; or (ii) inconsistent with a fair and impartial trial | ||
Section 9(3) then adds that –
The victim’s views and concerns referred to in subsection (2) may be presented by the legal representative acting on their behalf.
Pursuant to Section 13, where a victim is a Complainant, the victim shall, either in person or through an advocate be entitled to—
| (a) | subject to the provisions of the Evidence Act (Cap. 80), adduce evidence that has been left out; | ||
| (b) | give oral evidence or written submission Pursuant to Section 20, a victim has a right to submit any information for consideration to the — (a) police or prosecution on a decision whether or not to lay a charge, or to appeal or withdrawal; (b) court during plea bargaining, bail hearing and sentencing; By section 12 of the VPA, a victim of a criminal offence may make a victim impact statement in accordance with section 329C of the Code. By section 329C (2) of the Code, if the primary victim (that is a person against whom the offence was committed) has died as a direct result of the offence, a victim impact statement can be made by a family victim defined to mean, a member of the primary victim’s immediate family, and includes a member of the primary victim’s immediate family, the victims spouse or de facto spouse; a parent, guardian, step-parents,; child, step child, brother, sister, step-brothers or step sisters of the victim | ||
In the Lendrix Waswa decision, the SC held as follows –
Although the adversarial criminal trial process is a contest between the State, represented by the DPP, and the accused, usually represented by defence counsel and the traditional role of victims in a trial is often perceived to be that of a witness of the prosecution, it is without doubt, that flowing from both the Constitution and the VPA and in particular section 9(2)(a) of the VPA, that a victim too, has the right to participate in criminal proceedings.
52. The participation of victims in criminal trial proceedings, though a novel trend in our laws, is in accord with international developments that have embraced the place of victims in the trial process. Our Constitution under Articles 2(5) and (6) permits us to apply the general rules of international law and also provides that any treaty or convention ratified by Kenya forms part of the law of Kenya.
…65. These constitutional provisions read together with the VPA affirm that victims have rights in the Kenya criminal justice system. These rights are stipulated in section 9 of the VPA. Also, Article 27 of the Constitution provides that every person is equal before the law and has the right to equal protection and equal benefit of the law. Both the Constitution and the VPA seek to ensure the fairness of justice procedures applied to both the victims and accused particularly on the right to a fair hearing, timeliness, respect, dignity, and neutrality.
66. The Trial Court being an impartial entity that oversees the progress of a case, has the ultimate function of determining the accused’s guilt or innocence. Its aim is to establish the truth. The purpose of criminal proceedings, generally speaking, is to hear and determine finally whether the accused has engaged in conduct which amounts to an offence and, on that account, is deserving of punishment. Thus, the rights of the accused cannot be considered in isolation without regard to those of the victim. Victims too have a legitimate interest in the Court’s exercise of its jurisdiction. The Criminal Justice system should cultivate a process that inspires the trust of both the victim and the accused
71. Once a victim or his legal representative makes an application to participate in a trial, it is the duty of the trial Court to evaluate the matter before it, consider the victim’s views and concerns, their impact on the accused person’s right to a fair trial, and subsequently, in the judge’s discretion, determine the extent and manner in which a victim can participate in a trial. Since participatory rights are closely related to the rights of the accused and the right to a fair and expeditious trial, they should be granted in a judicious manner which does not cause undue delay in the proceedings and thus prejudice the rights of the accused
Additionally, a victim cannot and does not wear the hat of a secondary prosecutor. When victims present their views and concerns in accord with section 9(2) (a) of the VPA, victims are assisting the trial Judge to obtain a clear picture of what happened (to them) and how they suffered, which the Judge may decide to take into account. Victim participation should meaningfully contribute to the justice process. It must be noted, however, that this does not mean that the Court’s judgment will follow the wishes of the victim. The trial Judge will, of course, take into account the law, facts, all the different interests, and concerns, including the rights of the defence and the interests of a fair trial to arrive at a sagacious decision.
77. Conscious that this is a novel area of law for our criminal justice system and recognizing our mandate, under Section 3 of the Supreme Court Act as the Court of final Judicial Authority, we are of the view that the following guiding principles will assist the trial Court when it is considering an application by a victim or his legal representative to participate in a trial and the manner and extent of the participation:
a. The applicant must be a direct victim or such victim’s legal representative in the case being tried by the Court;
b. The Court should examine each case according to its special nature to determine if participation is appropriate, at the stage participation is applied for;
c. The trial Judge must be satisfied that granting the victim participatory rights shall not occasion an undue delay in the proceedings;
d. The victim’s presentation should be strictly limited to “the views and concerns” of the victim in the matter granted participation;
e. Victim participation must not be prejudicial to or inconsistent with the rights of the accused;
f. The trial Judge may allow the victim or his legal representative to pose questions to a witness or expert who is giving evidence before the Court that have not been posed by the prosecutor;
g. The Judge has control over the right to ask questions and should ensure that neither the victim nor the accused are not subjected to unsuitable treatment or questions that are irrelevant to the trial;
h. The trial Court should ensure that the victim or the victim’s legal representative understands that prosecutorial duties remain solely with the DPP;
i. While the victim’s views and concerns may be persuasive; and no doubt in the public interest that they are acknowledged, these views and concerns are not to be equated with the public interest;
j. The Court may hold proceedings in camera where necessary to protect the privacy of the victim;
k. While the Court has a duty to consider the victim’s views and concerns, the Court has no obligation to follow the victim’s preference of punishment.
Order 33 – Suits by Paupers
The Civil procedure Rules define a Pauper as “pauper” when he is not possessed of sufficient means to enable him to pay the fee prescribed by law for the institutions of such suit.
Leave must be sought to sue as a Pauper. The application for leave shall contain the particulars required in regard to pleadings, together with a statement that the pauper is unable to pay the fee prescribed in such suit, and the whole shall be signed in the manner prescribed for the signing of pleadings.[15]
The application shall be presented to the court by the applicant in person unless the applicant is exempted from appearance in court by section 82 of the Act[16], in which case the application may be presented by an authorised agent who can answer all material questions relating to the application, and who may be examined in the same manner as the party represented by him might have been examined had such party attended in person.[17]
Where the application is in proper form and duly presented the court may, if it deems fit, examine the applicant or his agent, when the applicant is allowed to appear by agent, regarding the merits of the claim and the property of the applicant.[18]
The court shall reject an application for permission to sue as a pauper—
(a) where it is not framed and presented in the manner prescribed in the rules;
(b) where the applicant is not a pauper;
(c) where he has, within two months next before the presentation of the application, disposed of any property fraudulently or in order to be able to apply for permission to sue as a pauper;
(d) where his allegations do not show a cause of action; or
(e) where he has entered into any agreement with reference to the subject-matter of the proposed suit under which any other person has obtained an interest in such subject-matter.[19]
Where the court sees no reason to reject the application on any of the grounds stated above, it shall fix a day (of which at least ten days’ clear notice shall be given to the opposite party) for receiving such evidence as the applicant may adduce in proof of his pauperism and for hearing any evidence which may be adduced in disproof thereof.[20]
On the day so fixed or as soon thereafter as may be convenient, the court shall examine the witnesses (if any) produced by either party, and may examine the applicant or his agent, and shall make a memorandum of the substance of their evidence. The court shall also hear any argument which the parties may desire to offer on the question whether, on the face of the application and of the evidence (if any) taken by the court as herein provided, the applicant is or is not subject to any of the prohibitions specified above. The court shall then either allow or refuse to allow the applicant to sue as a pauper.[21]
Where the application is granted, it shall be deemed the pleading in the suit, and the suit shall proceed in all other respects as a suit instituted in the ordinary manner except that the plaintiff shall not be liable to pay any court fee.[22]
Dispaupering
The court may, on the application of the defendant, of which seven days’ clear notice in writing has been given to the plaintiff, order the plaintiff to be dispaupered—
(a) if he is guilty of vexatious or improper conduct in the course of the suit;
(b) if it appears that his means are such that he ought not to continue to sue as a pauper; or
(c) if he has entered into any agreement, with reference to the subject-matter of the suit, under which any other person has obtained an interest in such subject-matter.[23]
Where the plaintiff succeeds in the suit, the court shall calculate the amount of the court fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper; such amount shall be recoverable by the court from any party ordered by the decree to pay the same, and shall be a first charge on the subject-matter of the suit.[24]
Where the plaintiff fails in the suit or is dispaupered or where the suit is withdrawn or dismissed because the plaintiff does not appear when the suit is called on for hearing, the court shall order the plaintiff, or any person added as a co-plaintiff to the suit, to pay the court fees which would have been paid by the plaintiff if he had not been permitted to sue as a pauper.[25]
The Government shall have the right at any time to apply to the court to make an order for the payment of court fees.[26] All matters arising between the Government and any party to the suit shall be deemed to be questions arising between the parties to the suit within the meaning of section 34[27] of the Civil Procedure Act.[28]
An order refusing to allow the applicant to sue as a pauper shall be a bar to any subsequent application of the like nature by him in respect of the same right to sue; but the applicant shall be at liberty to institute a suit in the ordinary manner in respect of such right provided that he first pays the costs (if any) incurred by the Government and by the opposite party in opposing his application for leave to sue as a pauper.[29]
The costs of an application for permission to sue as a pauper and of an inquiry into pauperism shall be costs in the suit.[30]
If any defendant alleges that he is unable to pay court fees, the registrar, upon application being made for that purpose, shall inquire into the question of his poverty and, if he is satisfied on oath that the allegation of poverty is true, shall record on the record the result of his investigation and a statement of the proportion of the fees (if any) which the defendant is able to pay; and no fees other than the amount which the registrar is satisfied that the defendant is able to pay shall be payable. If the registrar is not so satisfied as aforesaid as to the inability of the defendant to pay court fees, he shall so certify and advise the defendant as to the fees payable by him. An appeal shall lie from the decision of the registrar to a judge in chambers.[31]
In the event of a pauper plaintiff or defendant succeeding in any suit which results in a decree or order for payment to him of any sum of money from the other side, whether by way of costs or otherwise, the court may order that the court fees remitted as aforesaid or otherwise under this Order shall be a first charge on any moneys recovered or to be recovered under such decree or order.[32]
Applications under this Order shall be in writing addressed to the court.[33]
Order 44 – Pauper Appeals
Any person entitled to prefer an appeal, who is unable to pay the fee required for the memorandum of appeal, may present an application accompanied by a memorandum of appeal, and may be allowed to appeal as a pauper, subject in all matters, including the presentation of such application, to the provisions relating to suits by paupers.
The court shall dismiss the application unless upon a perusal of the memorandum of appeal and of the record of the lower court, it sees reason to think that the decree is contrary to law, or against the weight of the evidence.[34]
The inquiry into the pauperism of the applicant may be made either by the High Court or under the orders of the High Court by the court from whose decision the appeal is preferred. If the applicant was allowed to sue or appeal as a pauper in the court from whose decree the appeal is preferred, no further inquiry in respect of his pauperism shall be necessary, unless the High Court sees cause to direct such inquiry.[35]
Practice Directions
Vide Gazette Notice No. 370 of 2016 which took effect from 1st July, 2016, the then Chief Justice Willy Mutunga issued practice directions relating to Pauper briefs scheme and probono services in the following terms inter alia –
[1] Lippman J: Address at Law Day 2012 Ceremony at the New York Court of Appeals’ New York State
[2] UN Handbook on ensuring quality of legal aid services in criminal justice processes
[3] Maxeiner JR ‘A right to legal aid: The ABA Model Access Act in international perspective’, 13 Loyola Journal of Public Interest Law, 1 (2011), 61 – 113.
[4] Article 48
[5] Article 50
[7] Abala
[8] Judiciary Gazette Notice No. 370 of 2016
[10] See Republic vs Karisa Chengo and 2 others
[11] Kenya National Commission on Human Rights, ‘Review of the Law on Capital Punishments in the Kenyan System’ (2018)
[12] Atsiaya Mongoi Marcos, ‘Access to Justice and the Right to legal aid: A comparative analysis of Kenya and the United Kingdom (England and Whales)
[13] Abala
[14] [2019] eKLR
[15] Rule 2
[16] Where women whose community customs and manners preclude from appearing in Court
[17] Rule 3
[18] Rule 4
[19] Rule 5
[20] Rule 6
[21] Rule 7
[22] Rule 8
[23] Rule 9
[24] Rule 10
[25] Rule 11
[26] Rule 12
[27] Questions to be determined by the Court executing a decree
[28] Rule 13
[29] Rule 14
[30] Rule 15
[31] Rule 16
[32] Rule 17
[33] Rule 18
[34] Order 44 Rule 1
[35] Rule 2