the civil procedure act - Kenya Law Reports

16 CAP. 21 Civil Procedure[Rev. 2010subordinate court.(a) transfer any suit, appeal or other proceeding pending beforeit for trial or disposal to any court subordinate to it andcompetent to try or dispose of the same; or(b) withdraw any suit or other proceeding pending in any courtsubordinate to it, and thereafter—(i) try or dispose of the same; or(ii) transfer the same for trial or disposal to any courtsubordinate to it and competent to try or dispose of thesame; or(iii) retransfer the same for trial or disposal to the court fromwhich it was withdrawn.(2) Where any suit or proceeding has been transferred orwithdrawn as aforesaid, the court which thereafter tries such suit may,subject to any special directions in the case of an order of transfer,either retry it or proceed from the point at which it was transferred orwithdrawn.Institution of SuitsInstitution of suits.19. Every suit shall be instituted in such manner as may beprescribed by rules.Procedure in Suits and DiscoveryService on defendant.Service wheredefendantresides inanother district.Power to orderdiscovery and thelike.20. Where a suit has been duly instituted the defendant shall beserved in manner prescribed to enter an appearance and answer theclaim.21. (1) Any document which is required to be served in connexionwith a suit may be sent for service in another district to a court havingjurisdiction in that district.(2) The court to which such document is sent shall, upon receiptthereof, proceed as if it had been issued by such court and shall thenreturn the document to the court of issue together with the record, ifany, of its proceedings with regard thereto.22. Subject to such conditions and limitations as may beprescribed, the court may, at any time, either of its own motion or onthe application of any party—