the civil procedure act - Kenya Law Reports

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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
Rev. 2010] Civil Procedure CAP. 21 39which the original warrant was issued, unless that person shows causeto the satisfaction of the former court why he should not be so sent orcourt or for satisfying any decree that may be or may have been passedagainst him by that court, in either of which cases the court making thearrest shall release him and shall inform the court by which the originalwarrant was issued accordingly.(4) Where an application is made to a judge of the High Courtthat any person shall be arrested or that any property shall be attachedunder any provision of this Act, and where owing to distance or for executed, it shall be competent for another judge of the High Court toissue a provisional warrant or order for the arrest of the defendant orthe attachment of the property upon receipt of such telegraphic or otherinformation as may satisfy him that a warrant or order has been issued:Provided that a person arrested or property attached under theprovisional warrant or order shall be discharged or released fromattachment unless the original warrant or order is produced within suchtime as may seem reasonable.(5) The judge issuing a provisional warrant under subsection (4)original warrant, unless such person shows cause why he should notat such place as aforesaid or for satisfying any decree that may be ormay have been passed against him, in either of which cases the judgeordering the arrest shall release him and shall inform the judge by whomthe original warrant was issued accordingly.86. (1) The language of the High Court and of the Court ofAppeal shall be English, and the language of subordinate courts shallbe English or Swahili.Language of courts.17 of 1967, s. 41,14 of 1977, Sch.(2) (Deleted by 17 of 1967, s. 41.).(3) Written applications to the High Court and to the Court ofAppeal shall be in English and to subordinate courts in English orSwahili.87. (1) Any court may in any cause or matter pending before itin which questions may arise as to the laws or customs of any tribe,caste or community, summon to its assistance one or more competentassessors, and such assessors shall attend and assist accordingly.Assessors.(2) In any Admiralty or Vice-Admiralty cause of salvage, towage
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