the civil procedure act - Kenya Law Reports

Rev. 2010] Civil Procedure CAP. 21 107[Subsidiary]6. Any person may be summoned to produce a document without beingsummoned to give evidence; and any person summoned merely to produce adocument shall be deemed to have complied with the summons if he causes suchdocument to be produced instead of attending personally to produce the same.7. Any person present in court may be required by the court to giveevidence or to produce any document there and then in his possession or power[Order 16, rule 6.]Summons to producedocuments.[Order 16, rule 7.]Power to requirepersons presentin court to giveevidence or producedocument.8. Every summons under this Order shall be served as nearly as may bein the same manner as a summons to a defendant, and the rules in Order 5 as toproof of service shall apply in the case of all summonses served under this rule.allow him a reasonable time for preparation and for travelling to the place atwhich his attendance is required. 10. (1) Where a person to whom a summons has been issued, either toattend to give evidence or to produce a document, fails to attend or to produceby another court, touching the service or non-service of the summons.(2) Where the court has reason to believe that such evidence or productionis material, and that such person has, without lawful excuse, failed to attend orto produce the document in compliance with the summons or has intentionallyavoided service, it may issue a proclamation requiring him to attend to giveevidence or to produce the document at a time and place to be named therein;conspicuous part of the house in which he ordinarily resides.(3) In lieu of or at the time of issuing such proclamation, or at any timeafterwards, the court may, in its discretion, issue a warrant, either with or withoutbail, for the arrest of such person, and may make an order for the attachment11. Where, at any time after the attachment of his property, such person(a) that he did not, without lawful excuse, fail to comply with the[Order 16, rule 8.]Summons, howserved[Order 16, rule 9.]Time for servingsummons.[Order 16, rule 10.]Procedure wherewitness fails tocomply withsummons.[Order 16, rule 11.]If witness appearsattachment may bewithdrawn.