the civil procedure act - Kenya Law Reports

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36 CAP. 21 Civil Procedure[Rev. 2010(b) by a decree or order from which no appeal is allowed bythis Act,may apply for a review of judgment to the court which passed thedecree or made the order, and the court may make such order thereonPART X—RULESRules Committee.39 of 1956, s. 5,14 of 1977, Sch.13 of 1978, Sch.10 of 1997,6 of 2009, Sch.81. (1) There shall be a Rules Committee consisting of two judgesof the High Court, two judges of the Court of Appeal, the Attorney-General and two advocates, one to be nominated by the Law Societypower to make rules not inconsistent with this Act and, subject thereto,to provide for any matters relating to the procedure of civil courts.(1A) The judges referred to in subsection (1) shall be appointedby the Chief Justice, who shall nominate one of them to be chairman ofthe Committee, and the Chief Justice may himself elect to be a memberof the Committee in which case he shall be the chairman.(2) In particular, and without prejudice to the generality of thepowers conferred by subsection (1), such rules may provide for all orany of the following matters namely—(a) the service of summonses, notices and other processesby post or in any other manner either generally or in any(b) the maintenance and custody, while under attachment, oflivestock and other movable property, the fees payable forsuch maintenance and custody, the sale of such livestock andproperty, and the proceeds of such sale;(c) procedure in suits by way of counterclaim and the valuationof such suits for the purposes of jurisdiction;(d) procedure in garnishee and charging orders either in additionto, or in substitution for, the attachment and sale of debts;(e) procedure where the defendant claims to be entitled tocontribution or indemnity over against any person, whethera party to the suit or not;(f) summary procedure—(i) in suits in which the plaintiff seeks only to recover a debt
Rev. 2010] Civil Procedure CAP. 21 37or liquidated demand in money payable by the defendant,with or without interest, arising on a contract express orimplied; or on an enactment where the sum sought to bedebt other than a penalty; or on a guarantee, where theclaim against the principal is in respect of a debt or aliquidated demand only or on a trust; or(ii) in suits for the recovery of immovable property, with oragainst a tenant whose term has expired or has been dulydetermined for non-payment of rent, or against personsclaiming under such tenant;(ff) the selection of mediators and the hearing of matters referredto mediation under this Act.(g) procedure by way of originating summons;(h) consolidation of suits, appeals and other proceedings;(ijudicial, quasi-judicial and non-judicial duties; and(j) all forms, registers, books, entries and accounts which maybe necessary or desirable for the transaction of the businessof civil courts.(3) The Chief Justice may, in consultation with the RulesCommittee, issue practice notes or directions to resolve proceduralPART XI—MISCELLANEOUS PROVISIONS82. (1) Women who according to the customs and manners oftheir community ought not to be compelled to appear in public shallbe exempt from personal appearance in court.Exemption of certainwomen.(2) Nothing herein contained shall be deemed to exempt thosewomen from arrest in execution of civil process.83. The provisions of section 40, 41 and 43 shall apply so far asmay be to all persons arrested under this Act.84. to arrest under civil process while going to, presiding in or returningArrest other than inexecution of decree.Exemption fromarrest under civil
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