the civil procedure act - Kenya Law Reports

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80[Subsidiary]or on his agent.[Order 5, rule 9,)Mode of service onthe Government.Cap. 40.CAP. 21 Civil Procedure [Rev. 2010(2) A summons may be served upon an advocate who has instructionsto accept service and to enter an appearance to the summons and judgment indefault of appearance may be entered after such service.9. (1) The provisions of this Order shall have effect subject to section 13of the Government Proceedings Act, which provides for the service of documentson the Government for the purpose of or in connection with civil proceedingsby or against the Government.(2) Service of a document in accordance with the said section 13 shallbe effected—(aof the Attorney-General, or of any agent whom he has nominatedfor the purpose, but in either case with a person belonging to the(b) by posting it in a prepaid registered envelope addressed to theAttorney-General or any such agent as aforesaid,and where service under this rule is made by post the time at which the documentso posted would be delivered in the ordinary course of post shall be consideredas the time of service thereof.(3) All documents to be served on the Government for the purpose ofor in connection with any civil proceedings shall be treated for the purposes ofthese Rules as documents in respect of which personal service is not requisite. orders, summonses, warrants and other documents, proceedings and writtencommunications.[Order 5, rule 10.]Service on agent bywhom defendantcarries on business.10. (1) In a suit relating to any business or work against a person whodoes not reside within the local limits of the jurisdiction of the court from whichthe summons is issued, service on any manager or agent, who at the time ofservice personally carries on such business or work for such person within suchlimits, shall be deemed good service.(2) For the purpose of this rule, the master of a ship shall be deemed tobe an agent of the owner or charterer.[Order 5, rule 11.]Service on agent incharge in suits forimmovable property.[Order 5, rule 12.]Service on agent oradult.11. Where, in a suit to obtain relief respecting, or compensation for wrongto, immovable property, service cannot be made on the defendant in person, itmay be made on an agent of the defendant empowered to accept service or onthe agent of the defendant in charge of the property.12. Where in any suit, after a reasonable number of attempts have beenmade to serve the defendant, and defendant cannot be found, service may bemade on an agent of the defendant empowered to accept service or on any adultmember of the family of the defendant who is residing with him.
Rev. 2010] Civil Procedure CAP. 21 81[Subsidiary]13. Where a duplicate of the summons is duly delivered or tendered to thedefendant personally or to an agent or other person on his behalf, the defendantor such agent or other person shall be required to endorse an acknowledgmentof service on the original summons:[Order 5, rule 13.]Person served tosignacknowledgment.or other person has refused so to endorse, the court may declare the summonsto have been duly served.other conspicuous part of the house in which the defendant ordinarily resides orcarries on business or personally works for gain, and shall then return the original served under any of the foregoing rules of this Order shall swear and annex ortime when and the manner in which summons was served and the name andaddress of the person (if any) identifying the person served and witnessing theof Appendix A with such variations as circumstances may require.or one month’s imprisonment or both.16. On any allegation that a summons has not been properly served, theby another court, touching his proceedings, and may make such further inquirybe served in accordance with any of the preceding rules of this Order, the courtin some conspicuous place in the court-house, and also upon some conspicuouspart of the house, if any, in which the defendant is known to have last residedor carried on business or personally worked for gain, or in such other manner(2) Substituted service under an order of the court shall be as effectualas if it had been made on the defendant personally.time for the appearance of the defendant as the case may require.(4) Unless otherwise directed, where substituted service of a summonsis ordered under this rule to be by advertisement, the advertisement shall be in[Order 5, rule 14.]Procedure whendefendant refusesto accept service orcannot be found.[Order 5, rule 15.][Order 5, rule 16.]Examination of[Order 5, rule 17.]Substituted service.
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