the civil procedure act - Kenya Law Reports

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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
Rev. 2010] Civil Procedure CAP. 21 151[Subsidiary]18. For the avoidance of doubt it is hereby declared that any powersexercisable by the court in regard to the taking of evidence are exercisablein civil proceedings by or against the Government as they are exercisable inproceedings between subjects.[Order 28, rule 18.]Evidence inproceedings byor against theGovernment.ORDER 29PROCEEDINGS BY OR AGAINST THE GOVERNMENT in subsection (3) of section 19 of that Act—meaning as it has for the purposes of Parts IV and V of the GovernmentProceedings Act by virtue of subsection (3) of section 2 of that Act;decree, rule, award, declaration and an order for costs) made in civil proceedingsbrought by or against the Government, or in connection with any arbitration towhich the Government is a party, in favour of any person against the Government(2) Except where the context otherwise requires, references to suitswhere the subject-matter is immovable or movable property shall be construedas including proceedings against the Government for an order declaring thatthe plaintiff is entitled as against the Government to such property or to thepossession thereof.[Order 29, rule 1.]Interpretation.2. (1) Except as provided by the Government Proceedings Act or bythese Rules—(a) these Rules shall apply to all civil proceedings by or against theGovernment; and(b) civil proceedings by or against the Government shall take the sameform as civil proceedings between subjects and shall, if no specialform is applicable, take the form of a suit instituted by a plaint.[Order 29, rule 2.]Rules to applyto proceedingsby or against theGovernment.Cap. 40(2) No order against the Government may be made under—(a) Order 14, rule 4 (Impounding of documents);(b) Order 22 (Execution of decrees and orders);(c) Order 23 (Attachment of debts);
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