the civil procedure act - Kenya Law Reports

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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
Rev. 2010] Civil Procedure CAP. 21 109security may order him to be detained in prison.18. Where any party to a suit present in court refuses, without lawfulexcuse, when required by the court, to give evidence or produce any documentthere and then in his possession or power, the court may pronounce judgment19. Where any party to a suit is required to give evidence, or to producea document, the provisions as to witnesses shall apply to him so far as theyare applicable.[Subsidiary][Order 16, rule 18.]Consequence ofrefusal of a party togive evidence whencalled on by theCourt.[Order 16, rule 19.]Rules as to witnessesto apply to partiessummoned.ORDER 17PROSECUTION OF SUITS1. (1) Once the suit is set down for hearing, it shall not be adjournedthe adjournment.(2) When the court grants an adjournment it shall give a date for furtherhearing or directions.[Order 17, rule 1.]Hearing from dayto day.2. (1) In any suit in which no application has been made or step takenby either party for one year, the court may give notice in writing to the partiesto show cause why the suit should not be dismissed, and if cause is not shownto its satisfaction, may dismiss the suit.[Order 17, rule 2]Notice to show causewhy suit should notbe dismissed.(2) If cause is shown to the satisfaction of the court it may make such(3) Any party to the suit may apply for its dismissal as provided insub-rule 1.(4) The court may dismiss the suit for non-compliance with any directiongiven under this Order.3. Where, on any day to which the hearing of the suit is adjourned, theparties or any of them fail to appear, the court may proceed to dispose of thesuit in one of the modes directed in that behalf by Order 12, or make such other4.Where any party to a suit to whom time has been granted fails toproduce his evidence, or to cause the attendance of his witnesses, or to performany other act necessary to the further progress of the suit, for which time hasbeen allowed, the court may, notwithstanding such default, proceed to decidethe suit forthwith.[Order 17, rule 3.]Procedure if partiesfail to appear on day[Order 17, rule 4.]Court may proceednotwithstandingeither party fails toproduce evidence.
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