Prompting for Legal Drafting

Drafting court pleadings and commercial instruments requires clear factual inputs. When prompting MtaaLex AI for drafting, always supply the concrete facts, party names, and relief sought so the AI does not have to invent facts.

Below are copyable drafting templates for 8 common Kenyan legal instruments:

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1. Plaint (Civil Claim for Debt Recovery)

Draft a Plaint for filing in the Chief Magistrate's Commercial Court at Milimani, Nairobi.

PARTIES:
- Plaintiff: Baraka Wholesale Distributors Ltd (a registered limited liability company)
- Defendant: QuickMart Supermarkets (Rongai Branch) Ltd

FACTS:
1. Between 15th January 2024 and 30th March 2024, the Plaintiff sold and delivered dry grains and foodstuffs to the Defendant at an agreed total price of Ksh 3,850,000 against Delivery Notes Nos. 101 through 115.
2. The Defendant made partial payments totaling Ksh 1,200,000, leaving an outstanding balance of Ksh 2,650,000.
3. Despite delivery of Invoices, formal monthly statements, and a Demand Letter dated 10th June 2024, the Defendant has failed, neglected, and refused to pay the outstanding balance.

PRAYERS:
a) Judgment against the Defendant for the sum of Ksh 2,650,000.
b) Interest on the said sum at court rates (14% p.a.) from 10th June 2024 until payment in full.
c) Costs of the suit.
d) Any other relief the court deems fit to grant.

STRUCTURE:
Follow standard Kenyan civil pleading format with formal court title, description of parties, numbered paragraphs, verification clause under Order 4 Rule 1(2), and signature block for "MtaaLex Advocates, Advocates for the Plaintiff".

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2. Statement of Defence & Counterclaim

Draft a Statement of Defence and Counterclaim for the Defendant in HCCC No. 240 of 2024 (Nairobi).

BACKGROUND:
The Plaintiff has sued the Defendant alleging breach of a software development contract and claiming Ksh 5,000,000.

DEFENCE INSTRUCTIONS:
1. Paragraph 1: Admit standard description of the Defendant, deny all allegations of breach.
2. Specifically traverse Paragraph 4 of the Plaint: The Defendant denies that the Plaintiff delivered the mobile app on 1st March 2024. Plead that the software was plagued with critical bugs, crashed repeatedly during user acceptance testing, and failed to pass security penetration tests.
3. Plead that time was of the essence pursuant to Clause 8 of the contract, and the Plaintiff's failure constituted a fundamental breach of contract.

COUNTERCLAIM:
1. Plead that the Defendant paid a mobilization deposit of Ksh 2,000,000 to the Plaintiff on 15th November 2023.
2. The consideration for the deposit wholly failed.
3. Counterclaim for:
   a) Refund of the deposit of Ksh 2,000,000.
   b) Special damages of Ksh 450,000 incurred in engaging an independent forensic auditor.
   c) Costs and interest.

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3. Notice of Motion (Interlocutory Injunction)

Draft a formal Notice of Motion under Order 40 Rules 1, 2 & 3 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act, and Article 40 of the Constitution.

COURT:
High Court of Kenya at Mombasa (Environment & Land Division)

APPLICANT: Juma Bakari Mwalimu
RESPONDENT: Coastal Horizons Development Corporation Ltd

ORDERS SOUGHT:
1. That this Application be certified as urgent and heard ex parte in the first instance.
2. That an order of temporary injunction be issued restraining the Respondent, its directors, agents, or servants from entering, surveying, sub-dividing, alienating, or continuing construction work on Plot No. Mombasa/Block XVII/452 pending the hearing and determination of this suit.
3. That costs of this application be in the cause.

GROUNDS:
a) The Applicant is the registered absolute proprietor of the suit land holding a valid Title Deed issued on 14th June 2008.
b) On 2nd September 2024, the Respondent's agents forcefully entered the property with earthmovers and began demolishing the perimeter boundary wall without any court decree or lawful notice.
c) Unless restrained, the Respondent will alienate or permanently alter the suit property, rendering the main suit a nugatory academic exercise.

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4. Supporting Affidavit

Draft a formal Supporting Affidavit to accompany the Notice of Motion above.

DEPONENT:
Juma Bakari Mwalimu, an adult male Kenyan of National ID No. 24158963, residing in Nyali, Mombasa.

KEY DEPOSITIONS:
1. Deponent is the registered owner of Plot No. Mombasa/Block XVII/452 and annex a certified copy of the Title Deed marked "JBM-1".
2. Deponent has paid all land rates to the County Government of Mombasa up to December 2024 (annex rates clearance certificate marked "JBM-2").
3. On 2nd September 2024, deponent was alerted by his caretaker that heavy machinery belonging to the Respondent had invaded the property (annex dated photographs marked "JBM-3").
4. Deponent reported the unlawful trespass to Nyali Police Station under OB No. 42/02/09/2024 (annex OB extract marked "JBM-4").
5. Conclude with standard deposition that what is stated is true to the deponent's knowledge, and verification under the Oaths and Statutory Declarations Act (Cap 15).

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5. Statutory Demand Letter (Notice of Intention to Sue)

Draft a formal Demand Letter on firm letterhead.

ADDRESSEE:
Managing Director, Horizon Hauliers Ltd, P.O. Box 98765-80100, Mombasa.

CLIENT:
Express Logistics Kenya Ltd

DEMAND DETAILS:
- On 18th July 2024, our client's Mercedes-Benz Actros Prime Mover (Reg. No. KDA 450X) was lawfully stationary on Mombasa Road near Athi River when it was violently rammed from behind by your commercial truck (Reg. No. KCG 881Y) driven by your authorized driver.
- The Police Traffic Inspection Report from Athi River Police Station blamed your driver wholly for careless and reckless driving without due care and attention.
- Our client's truck sustained severe structural chassis damage, with certified repair quotations from DT Dobie totaling Ksh 2,150,000.
- Demand settlement of Ksh 2,150,000 within 14 days from date of receipt, plus Ksh 50,000 advocate collection charges.
- State clearly that failure to pay will result in the immediate institution of civil legal proceedings in the High Court for special and general damages without further reference to them.

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6. Commercial Employment Contract (Kenya Employment Act Compliant)

Draft an Executive Employment Contract under the Employment Act (No. 11 of 2007) of Kenya.

EMPLOYER: Savannah FinTech Solutions Ltd (Nairobi)
EMPLOYEE: Senior Systems Architect

KEY CLAUSES REQUIRED:
1. Probation Period: 3 months with 7 days' notice of termination.
2. Remuneration: Gross monthly salary of Ksh 450,000 subject to statutory PAYE, NSSF, and SHA deductions.
3. Annual Leave: 24 working days per completed year of service.
4. Restrictive Covenants: Non-compete and non-solicitation of clients for 12 months post-termination within Kenya.
5. Intellectual Property: Complete work-for-hire assignment clause ensuring all source code and proprietary patents belong exclusively to the employer.
6. Governing Law: Laws of Kenya with arbitration under the Nairobi Centre for International Arbitration (NCIA) Rules.

PERSISTENT REMINDER

AI-generated legal content must be reviewed and verified by a qualified legal professional before it is relied upon, sent to a client, filed in court, or used as legal advice.