the civil procedure act - Kenya Law Reports

108[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010summons or intentionally avoid service; and(b) where he has failed to attend at the time and place named in aproclamation issued under rule 10, that he had no notice of suchproclamation in time to attend,the Court shall direct that the property be released from attachment, and shall[Order 16, rule 12.]Procedure if witnessfails to appear.12. The court may, where such person does not appear, or appears butregard to his condition in life and all the circumstances of the case, and mayorder his property, or any part thereof, to be attached and sold, or, if alreadyattached under rule 10, to be sold for the purpose of satisfying all costs of suchProvided that, if the person whose attendance is required pays intoreleased from attachment.[Order 16, rule 13.]Mode of attachment.[Order 16, rule 14.]Duty of personssummoned to giveevidence or producedocument.[Order 15, rule 15.]When summonedpersons may depart.[Order 16 rule 16.]Application of rules10 to 13.[Order 16, rule 17.]Procedure wherewitness apprehendedcannot give evidenceor produce document.13. The provisions with regard to the attachment and sale of property inthe execution of a decree shall, so far as they are applicable, be deemed to applyto any attachment and sale under this Order as if the person whose property isso attached were a judgment-debtor.14. Whoever is summoned to appear and give evidence in a suit shallattend at the time and place named in the summons for that purpose, and whoeveris summoned to produce a document shall either attend to produce it or causeit to be produced at such time and place.15. (1) A person so summoned and attending shall, unless the courtotherwise directs, attend at each hearing until the suit has been disposed of.(2) The court may upon the oral application of either party in court orupon application by summons in chambers and upon payment through the courtof all necessary expenses require any person so summoned to furnish securityfor his attendance at the next hearing or any further hearing or until the suit isdisposed of and in default of his furnishing such security may order him to bedetained in prison.16. The provisions of rules 10 to 13 shall, so far as they are applicable,be deemed to apply to any person, who having attended in compliance with asummons, departs without lawful excuse in contravention of rule 15.17. Where any person arrested under a warrant is brought before the courtin custody, and cannot, owing to the absence of the parties or any of them, givethe evidence or produce the document which he has been summoned to giveor produce, the court may require him to give reasonable bail or other securitysecurity being given may release him, and in default of his giving such bail or