the civil procedure act - Kenya Law Reports
the civil procedure act - Kenya Law Reports
the civil procedure act - Kenya Law Reports
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Rev. 2010] Civil Procedure CAP. 21 79address of <strong>the</strong> corporation; or[Subsidiary]<strong>the</strong> corporation, by leaving it at <strong>the</strong> place where <strong>the</strong> corporationcarries on business; or(iv) by sending it by registered post to <strong>the</strong> last known postal addressof <strong>the</strong> corporation.4. (1) One or more concurrent summonses may, at <strong>the</strong> request of <strong>the</strong>plaintiff, be issued at <strong>the</strong> time when <strong>the</strong> original summons is issued or at anytime <strong>the</strong>reafter before <strong>the</strong> original summons ceases to be valid.[Order 5, rule 4.]Concurrentsummons.(2) A concurrent summons shall be valid only from <strong>the</strong> date of its ownissue and shall remain valid so long as <strong>the</strong> original summons remains in force.5. (1) Where <strong>the</strong> court has issued summons to a defendant, <strong>the</strong> summonsmay be delivered for service—(a) to any person for <strong>the</strong> time being duly authorized by <strong>the</strong> court;[Order 5, rule 5.]Delivery ortransmission ofsummons for service.(b) to an advocate, or advocate’s clerk approved by <strong>the</strong> court;(c) to any subordinate court having jurisdiction in <strong>the</strong> place where <strong>the</strong>defendant resides;(dappointed under <strong>the</strong> Administration Police Act; orCap 84.Cap 85.(e) to a licensed courier service provider approved by <strong>the</strong> court.(2) A court to which a summons is sent under subrule (1) (c) shall uponreceipt <strong>the</strong>reof proceed as if it had been issued by such court, and shall <strong>the</strong>nreturn <strong>the</strong> summons to <strong>the</strong> court of issue, toge<strong>the</strong>r with <strong>the</strong> record of any of itsproceedings with regard <strong>the</strong>reto.(3) No objection maybe made to <strong>the</strong> service of a summons on <strong>the</strong> groundsthat <strong>the</strong> person who served <strong>the</strong> summons ei<strong>the</strong>r was not authorized so to do orthat he exceeded or failed to comply with his authority in any way.6. Service of <strong>the</strong> summons shall be made by delivering or tenderingbehalf, and sealed with <strong>the</strong> seal of <strong>the</strong> court.(Order 5, rule 6.]Mode of service.7. Save as o<strong>the</strong>rwise prescribed, where <strong>the</strong>re are more defendants thanone, service of <strong>the</strong> summons shall be made on each defendant.8. (1) Wherever it is pr<strong>act</strong>icable, service shall be made on <strong>the</strong> defendantin person, unless he has an agent empowered to accept service, in which case[Order 5, rule 7.]Service on severaldefendants.[Order 5, rule 8.]Service to be ondefendant in person