the civil procedure act - Kenya Law Reports
the civil procedure act - Kenya Law Reports
the civil procedure act - Kenya Law Reports
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152[Subsidiary]CAP. 21 Civil Procedure [Rev. 2010(d) Order 40 (Injunctions); and(e) Order 41 (Appointment of receiver).[Order 29, rule.3.]Application for asection. 21 of<strong>the</strong> GovernmentProceedings Act.Cap.40.[Order 29, rule 4.]Attachment of debtsor appointment of areceiver.Proceedings Act (which relates to satisf<strong>act</strong>ion of orders against <strong>the</strong> Government)shall be made to a registrar or, in <strong>the</strong> case of a subordinate court, to <strong>the</strong> court;be issued with respect to costs ordered to be paid to <strong>the</strong> applicant shall be madeshall be in one of Form Nos. 22 and 23 of Appendix A with such variations ascircumstances may require.4. (1) No order for <strong>the</strong> attachment of debts under Order 23 or for <strong>the</strong>appointment of a receiver under Order 41 shall be made or have effect inrespect of any money due or accruing or alleged to be due or accruing from<strong>the</strong> Government.(2) In a case where it is alleged that such an order could have beenobtained and would have had effect in respect of such money if it had been dueor accruing from a subject <strong>the</strong> court may on <strong>the</strong> application by summons of <strong>the</strong>decree-holder make an order restraining <strong>the</strong> judgment-debtor from receivingsuch money and directing payment by <strong>the</strong> Government to <strong>the</strong> decree-holder orreceiver; and <strong>the</strong> court may appoint a receiver for that purpose.(3) No such order shall be made in respect of money which is subject to<strong>the</strong> provisions of any en<strong>act</strong>ment prohibiting or restricting assigning or chargingor taking in execution.(4) (a) Any such summons under subrule (2) shall on <strong>the</strong> Governmentat least four days before <strong>the</strong> return day and, unless o<strong>the</strong>rwise ordered, on <strong>the</strong>judgment-debtor or his advocate.(b) Service on <strong>the</strong> judgment-debtor or his advocate shall be in <strong>the</strong> mannerprovided for such service by Order 23 rule 1, and service on <strong>the</strong> Governmentshall be effected by service on <strong>the</strong> Attorney-General in accordance with Order5, rule 9.(5) If <strong>the</strong> Government disputes liability <strong>the</strong> court may order that any issueor question necessary for determining <strong>the</strong> liability of <strong>the</strong> Government shall betried or determined in any manner in which any issue or question in a suit maybe tried or determined; and where it is suggested by <strong>the</strong> Government that <strong>the</strong>debt with reference to which <strong>the</strong> proceedings are taken belongs to some thirdperson, or that any third person has a claim upon it, <strong>the</strong> court may order suchthird person to appear and state <strong>the</strong> nature and particulars of his claim uponsuch debt; and after hearing any such third person as aforesaid, and any o<strong>the</strong>rperson whom by <strong>the</strong> same or any subsequent order <strong>the</strong> court may require toappear, <strong>the</strong> court may bar <strong>the</strong> claim of <strong>the</strong> third person or make such order with<strong>the</strong> third person’s claim (if any) and to costs as it deems just and reasonable,and if <strong>the</strong> third person does not appear when ordered, <strong>the</strong> court may exercise