the civil procedure act - Kenya Law Reports

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126[Subsidiary][Order 22, rule 30.]Decree for deliveryof immovable.property when inoccupancy of tenant.[Order 22, rule 31.]Discretionary powerto permit judgmentdebtorto show causeagainst detention inprison.CAP. 21 Civil Procedure [Rev. 201030. Where a decree is for the delivery of any immovable property inthe occupancy of a tenant or other person entitled to occupy the same and notbound by the decree to relinquish such occupancy, the court shall order deliverythe property and notifying the occupant in such manner as may be suitable thesubstance of the decree in regard to the property.31. (1) Notwithstanding anything in these Rules, where an application isfor the execution of a decree for the payment of money by the arrest and detentionin prison of a judgment-debtor who is liable to be arrested in pursuance of theapplication, the court may, instead of issuing a warrant for his arrest, issue athe notice and show cause why he should not be committed to prison.(2) Where appearance is not made in obedience to the notice, the courtshall, if the decree-holder so requires, issue a warrant for the arrest of thejudgment-debtor.[Order 22, rule 32.]Warrant for arrestto direct judgmentdebtorto be broughtup.[Order 22, rule 33.]Subsistenceallowance.32. Every warrant for the arrest of a judgment-debtor shall direct the convenient speed, unless the amount which he has been ordered to pay, togetherwith the interest thereon and the costs (if any) to which he is liable, be soonerpaid.33. (1) No judgment-debtor shall be arrested in execution of a decreefor the subsistence of the judgment-debtor from the time of his arrest until hecan be brought before the court.(2) Where a judgment-debtor is committed to prison in execution of aparty on whose application the judgment-debtor has been arrested by monthly(4) Sums disbursed by the decree-holder for the subsistence of thejudgment-debtor in prison shall be deemed to be costs in the suit:Provided that the judgment-debtor shall not be detained in prison orarrested on account of any sum so disbursed.[Order 22, rule 34.]Proceedings onappearance ofjudgment-debtor inobedience to noticeor after arrest.34. (1) Where a judgment-debtor appears before the court in obedience toa notice issued under rule 31, or is brought before the court after being arrestedin execution of a decree for the payment of money, and it appears to the courtpay the amount of the decree, or, if that amount is payable by instalments, theamount of any instalment thereof, the court may, upon such terms as it thinks
Rev. 2010] Civil Procedure CAP. 21 127directing his release, as the case may be.[Subsidiary](2) Before making an order for the committal of the judgment- debtor(a) that the judgment-debtor, with the object or effect of obstructingor delaying the execution of the decree—(i) is likely to abscond or leave the local limits of the jurisdictionof the court; or(ii) has, after the institution of the suit in which the decree waspassed, dishonestly transferred, concealed or removed anypart of his property, or committed any other act of bad faith inrelation to his property; or(b) that the judgment-debtor has, or has had since the date of the decree,the means to pay the amount of the decree, or some substantial partthereof, and refuses or neglects, or has refused or neglected, to paythe same, but in calculating such means there shall be left out ofaccount any property which is exempt from attachment in executionof the decree; or(c) that the decree is for a sum for which the judgment-debtor was(3) While any of the matters mentioned in subrule (2) are beingconsidered, the court may, in its discretion, order the judgment-debtor to berelease him on his furnishing security, to the satisfaction of the court, for hisappearance when required by the court.(4) A judgment-debtor released under this rule may be re- arrested.(5) Where the court does not make an order under subrule (1), it shallcause the judgment-debtor to be arrested, if he has not already been arrested,and, subject to the provisions of this Act, commit him to prison.35. Where a decree is for the payment of money, the decree- holder mayapply to the court for an order that—(a) the judgment-debtor;[Order 2, rule 35.]Examination ofjudgment-debtor asto his property.(b(c) any other person,be orally examined as to whether any or what debts are owing to thejudgment-debtor, and whether the judgment-debtor has any and what propertyor means of satisfying the decree, and the court may make an order for the
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