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the civil procedure act - Kenya Law Reports

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104[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010an order of <strong>the</strong> court <strong>act</strong>ing on its own motion, <strong>the</strong>n by ei<strong>the</strong>r orany party.(3) (2), <strong>the</strong> court shall, after causing <strong>the</strong> copy to be examined, comparedit occurs to be returned to <strong>the</strong> person producing it:Provided that <strong>the</strong> court may accept, in <strong>the</strong> case of a copy of a publicrecord is.[Order 14, rule 3.]Record of admittedand return of rejecteddocuments.[Order 14, rule 4.]Court may orderany document to beimpounded.[Order 14, rule 5]Return of admitteddocuments.3. (1) Every document which has been admitted in evidence, or a copy<strong>the</strong>reof where a copy has been substituted for <strong>the</strong> original under rule 2, shallform part of <strong>the</strong> record of <strong>the</strong> suit.(2) Documents not admitted in evidence shall not form part of <strong>the</strong> record,and shall be returned to <strong>the</strong> persons respectively producing <strong>the</strong>m after <strong>the</strong>y havein rule 1 (1), toge<strong>the</strong>r with a statement of <strong>the</strong>ir having been rejected.4. Notwithstanding anything hereinbefore contained, <strong>the</strong> court may, if5. (1) Any person, whe<strong>the</strong>r a party to <strong>the</strong> suit or not, desirous of receivingback any document produced by him in <strong>the</strong> suit and placed on <strong>the</strong> record, shall,unless <strong>the</strong> document is impounded under rule 4, be entitled to receive back<strong>the</strong> same—(a) when <strong>the</strong> suit has been disposed of, and, if <strong>the</strong> suit is one in which(bProvided that—(i) a document may be returned at any time earlier than thatprescribed by this rule if <strong>the</strong> person applying <strong>the</strong>refor deliversoriginal and undertakes in writing to produce <strong>the</strong> original ifrequired to do so;(ii) no document shall be returned which, by force of <strong>the</strong> decree,has become wholly void or useless.(2) On <strong>the</strong> return of a document admitted in evidence a receipt shall begiven by <strong>the</strong> person receiving it.[Order 14, rule 6.]6. (1) The court may of its own motion, and may in its discretion upon

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