the civil procedure act - Kenya Law Reports

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22 CAP. 21 Civil Procedure[Rev. 2010(c) that the decree is for a sum for which the judgment-debtorEnforcement ofdecree against legalrepresentative.39. (1) Where a decree is passed against a party as the legalrepresentative of a deceased person, and the decree is for the paymentof money out of the property of the deceased, it may be executed bythe attachment and sale of any such property.(2) Where no such property remains in the possession of thejudgment-debtor, and he fails to satisfy the court that he has dulyapplied such property of the deceased as is proved to have come intohis possession, the decree may be executed against the judgment-debtorto the extent of the property in respect of which he has failed so tosatisfy the court in the same manner as if the decree had been againsthim personally.Arrest and DetentionArrest and detention.L.N. 299/1956,L.N. 300/1956,10 of 1969, Sch.40. (1) A judgment-debtor may be arrested in execution of a decreeat any hour and on any day, and shall as soon as practicable be broughtbefore the court, and his detention may be in any prison of the districtin which the court ordering the detention is situate, or, if such prisondoes not afford suitable accommodation, in any other place which theMinister may appoint for the detention of persons ordered by the courtsof such district to be detained:Provided that—(i) for the purpose of making an arrest under this section, nodwelling-house shall be entered after sunset and beforesunrise;(ii) no outer door of a dwelling-house shall be broken openunless such dwelling-house is in the occupancy of thejudgment-debtor and he refuses or in any way preventsthe arrest has duly gained access to any dwelling-househe may break open the door of any room in which hehas reason to believe the judgment-debtor is to be found;(iii) if the room is in the actual occupancy of a woman whois not the judgment-debtor, and who according to thecustom of her community does not appear in public, theher that she is at liberty to withdraw and, after allowinga reasonable time for her to withdraw and giving herreasonable facility for withdrawing, may enter the room
Rev. 2010] Civil Procedure CAP. 21 23for the purpose of making the arrest;(iv) where the decree in execution of which a judgmentdebtoris arrested is a decree for the payment of moneyand the judgment-debtor pays the amount of the decree(2) The Minister may, by notice in the Gazette, declare that anyperson or class of persons whose arrest might be attended with dangeror inconvenience to the public shall not be liable to arrest in executionof a decree otherwise than in accordance with such procedure as hemay direct.41. monthly allowances payable for the subsistence of a judgment-debtor.42. (1) Every person detained in prison in execution of a decreeshall be so detained—(a) where the decree is for the payment of a sum of moneyexceeding one hundred shillings, for a period not exceedingsix months; andSubsistenceallowances.L.N. 300/1956,8 of 1968, Sch.,10 of 1969, Sch.Detention andrelease.(b) in any other case, for a period not exceeding six weeks:Provided that he shall be released from such detention beforethe expiration of the said period of six months or six weeks, as thecase may be—(i) on the amount mentioned in the warrant for his detentionif the court so orders; or(iii) on the request of the person on whose application hehas been so detained, if the court so orders; or(iv) on the omission of the person, on whose applicationhe has been so detained, to pay subsistence allowance.(2) A judgment-debtor released from detention under this sectionshall not merely by reason of his release be discharged from his debt,but he shall not be liable to be rearrested under the decree in execution
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