the civil procedure act - Kenya Law Reports

106[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010ORDER 16SUMMONING AND ATTENDANCE OF WITNESSES[Order 16, rule 1]Summons to attendto give evidence orproduce documents.[Order 16, rule 2.]Expenses ofwitnesses to bepaid into courton applying forsummons.1. At any time before the trial conference under Order 11 the parties maysummonses to persons whose attendance is required either to give evidence orto produce documents.2. (1) The party applying for a summons shall, before the summons isthe persons summoned in passing to and from the court in which he is requiredto attend, and for one day’s attendance.(2) In determining the amount payable under this rule regard shall be hadto such scale for expenses of witnesses as may from time to time be approvedby the High Court, but the court may, in the case of any person summoned togive evidence as an expert, allow reasonable remuneration for the time occupiedboth in giving evidence and in performing any work of an expert characternecessary for the case.[Order 16, rule 3.]Tender of expenseslodged.3. The sum so paid into court shall be tendered to the person summonedat the time of serving the summons, if it can be served personally; or if the courtwill be paid out to him on his attendance.[Order 16, rule 4.]Procedure wherepaid in. Expenses ofwitnesses detainedmore than one day.or reasonable remuneration, the court may direct such further sum to be paid tothe person summoned as appears to be necessary on that account, and, in caseof default in payment, may order such sum to be levied by attachment and saleof the movable property of the party obtaining the summons; or the court maydischarge the person summoned without requiring him to give evidence; or mayboth order such levy and discharge such person as aforesaid.(2) Where it is necessary to detain the person summoned for a longerperiod than one day, the court may from time to time order the party at whosethe expenses of his detention for such further period, and, in default of suchdeposit being made, may order such sum to be levied by attachment and saleof the movable property of such party; or the court may discharge the personsummoned without requiring him to give evidence; or may both order suchlevy and discharge such person as aforesaid.[Order 16, rule 5.]Time, place, andpurpose of attendancesummons.5. Every summons for the attendance of a person to give evidence or toproduce a document shall specify the time and place at which he is required toattend, and whether his attendance is required for the purpose of giving evidenceor to produce a document, or for both purposes; and any particular document,which the person summoned is called on to produce, shall be described in thesummons with reasonable accuracy.