the civil procedure act - Kenya Law Reports

150[Subsidiary][Order 28, rule 13.]Expenses ofcommission to bepaid into court.[Order 28, rule 14.]Powers ofcommissioner.CAP. 21 Civil Procedure [Rev. 201013. Before issuing any commission, reference or appointment under thisOrder, the court may order such sum (if any) as it thinks reasonable for theexpenses of the commission, reference or inquiry, to be, within a time to becommission, reference or appointment is issued.14. Any person appointed under this Order may, unless otherwise directedby the order of appointment—(a) examine the parties themselves and any witness whom they orany of them may produce, and any other person whom the personappointed thinks proper to call upon to give evidence in the matterreferred to him;(b) call for and examine documents and other things relevant to thesubject of the inquiry; or(c) at any reasonable time enter upon or into any land or buildingmentioned in the order.[Order 28, rule 15.]Attendance andexamination ofwitnesses beforecommissioner.15. (1) The provisions of the Act and these Rules relating to thesummoning, attendance and examination of witnesses, and to the remunerationof, and penalties to be imposed upon witnesses, shall apply to persons requiredto give evidence or to produce documents under this Order, and for the purposesof this rule any person appointed under this Order shall be deemed to be a judge.(2) A commissioner appointed under the Act may apply to the courtnecessary to issue to or against any witness who resides within the local limitsof the jurisdiction of such court, and such court may in its discretion issue suchprocess as it considers reasonable and proper.[Order 28, rule 16.]Parties to appearbefore commissioner.16. (1) Where a commission is issued under the preceding rules, the courtshall direct that the parties to the suit shall appear before the commissioner inperson or by their agents or advocates.(2) Where all or any of the parties do not so appear, the person executingthe commission may proceed in their absence.[Order 28, rule 17.]Commissions issuedby foreign courts.17. The provisions as to the execution and return of commissions for theexamination of witnesses shall apply to commissions issued by—(a) courts situated in any part of the Commonwealth other than(b) courts of any foreign country for the time being in alliance with