the civil procedure act - Kenya Law Reports

38 CAP. 21 Civil Procedure[Rev. 2010process.from his court.(2) Where any matter is pending before a tribunal havingjurisdiction therein, or believing in good faith that it has suchjurisdiction, the parties thereto, their advocates and recognized agents,and their witnesses acting in obedience to a summons shall be exemptfrom arrest under civil process other than process issued by such tribunalfor contempt of court while going to or attending such tribunal for thepurpose of such matter, and while returning from such tribunal.(3) Nothing in subsection (2) shall enable a judgment-debtor toclaim exemption from arrest under an order for immediate execution,or where such judgment-debtor attends to show cause why he wouldnot be committed to prison in execution of a decree.Procedure relatingto arrest andattachment.85. (1) Where an application is made to a subordinate court thatany person shall be arrested or that any property shall be attached underany provision of this Act, and where the person resides or is found, orthe property is situate, outside the local limits of the jurisdiction of thecourt to which the application is made, the court may in its discretionissue a warrant of arrest, or make an order of attachment, and send tothe magistrate of the subordinate court within the local limits of whosejurisdiction that person resides or is found or the property is situate thewarrant or order together with the probable amount of the costs of thearrest or attachment.(2) On the issue of a warrant or order under subsection (1) themagistrate of the subordinate court within whose jurisdiction the personto be arrested resides or is found or the property to be attached is situate,as the case may be, shall have power—(a) to endorse and execute the warrant or order; or(b) to issue, before the endorsement, a provisional warrantor order for the arrest of the defendant or the attachmentof the property upon receipt of such telegraphic or otherinformation as may satisfy him that a warrant or order hasbeen issued:Provided that a person arrested or property attached underthe provisional warrant or order shall be discharged orreleased from attachment unless the original warrant ororder is produced and endorsed within such time as mayseem reasonable.(3) The court ordering an arrest under subsection (2) shall uponreceipt of the original warrant send the person arrested to the court by