the civil procedure act - Kenya Law Reports

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170CAP. 21 Civil Procedure [Rev. 2010[Subsidiary](ii) is about to abscond or leave the local limits of the jurisdictionof the court; or(iii) has disposed of or removed from the local limits of thejurisdiction of the court his property or any part thereof; or(baffording reasonable probability that the plaintiff will or maythereby be obstructed or delayed in the execution of any decreethat may be passed against the defendant in the suit,the court may issue a warrant to arrest the defendant and bring him before thecourt to show cause why he should not furnish security for his appearance:by the court until the suit is disposed of or until the further order of the court.[Order 39, rule 2.]Security.2. (1) Where the defendant fails to show such cause the court shall orderclaim against him, or to furnish security for his appearance at any time whencalled upon while the suit is pending and until satisfaction of the decree that maythe sum which may have been paid by the defendant under the proviso to rule 1.(2) Every surety for the appearance of a defendant shall bind himself,in default of such appearance, to pay any sum of money which the defendantmay be ordered to pay in the suit.[Order 39, rule 3.]Procedure onapplication by suretyto be discharged.3. (1) A surety for the appearance of a defendant may at any time applyto the court in which he became a surety to be discharged from his obligation.(2) On such application being made the court shall summon the defendant(3) On the appearance of the defendant in pursuance of the summonsor warrant, or on his voluntary surrender, the court shall direct the surety to besecurity.[Order 39, rule 4.]Procedure wheredefendant fails tofurnish security or4. Where the defendant fails to comply with any order under rule 2 or rule3, the court may commit him to prison until the decision of the suit, or, whereProvided that—(a) no person shall be detained in prison under this rule in any casefor a longer period than six months, nor for a longer period thansix weeks when the amount or value of the subject-matter of the
Rev. 2010] Civil Procedure CAP. 21 171[Subsidiary](b) no person shall be detained in prison under this rule after he hascomplied with such order.otherwise, that the defendant, with intent to obstruct or delay the execution ofany decree that may be passed against him—(a) is about to dispose of the whole or any part of his property; or(b) is about to remove the whole or any part of his property from thelocal limits of the jurisdiction of the court,[Order 39, rule 5.]Where defendantmay be called uponto furnish securityfor production ofproperty.place at the disposal of the court, when required, the said property or the valueor to appear and show cause why he should not furnish security.(2) The plaintiff shall, unless the court otherwise directs, specify theproperty required to be attached and the estimated value thereof.(3) The court may also in the order direct the conditional attachment of6. (1) Where the defendant fails to show cause why he should not furnishattached.(2) Where the defendant shows such cause or furnishes the requiredcourt shall order the attachment to be withdrawn, or make such other order as[Order 39, rule 6.]Attachment wherecause not shownor security notfurnished.7. Save as otherwise expressly provided, the attachment shall be madein the manner provided for the attachment of property in execution of a decree.8. Where any claim is preferred to property attached before judgment,such claim shall be investigated in the manner hereinbefore provided for theinvestigation of claims to property attached in execution of a decree for thepayment of money.[Order 39, rule 7.]Mode of makingattachment.[Order 39, rule 8.]Investigation or claimto property attachedbefore judgment.9. Where an order is made for attachment before judgment, the courtshall order the attachment to be withdrawn when the defendant furnishes thesecurity required, together with security for the costs of the attachment, orwhen the suit is dismissed.[Order 39, rule 9.]Removal ofattachment whensecurity furnished orsuit dismissed.
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