the civil procedure act - Kenya Law Reports

82[Subsidiary][Order 5, rule 18.]Service on defendantin prison.[Order 5, rule 19.]Service on publicCAP. 21 Civil Procedure [Rev. 2010Form No. 5 of Appendix A with such variations as the circumstances require.authority, the court may, if it appears to it that the summons may be mostconveniently so served, send it for service on the defendant to the head ofdefendant.to be retained by the defendant.[Order 5, rule 20.]Duty on person towhom the summonsissent.20. (1) Where a summons is delivered or sent to any person for serviceunder rule 18 or rule 19, such person shall be bound to serve it, if possible, andto return it under his signature with a written acknowledgment of the defendant,and such signature shall be deemed to be evidence of service.(2) Where from any cause service is impossible, the summons shallbe returned to the court with a full statement of such cause and of the stepstaken to procure service, and such statement shall be deemed to be evidenceof non-service.[Order 5, rule 21.]allowed by the court whenever—(a) the whole subject-matter of the suit is immovable property situate(b) any act, deed, will, contract, obligation or liability affecting(c) any relief is sought against any person domiciled or ordinarily(d) the suit is for the administration of the personal estate of a deceasedwritten instrument, of which the person to be served is a trustee,(e) the suit is one brought to enforce, rectify, rescind, dissolve, annul,or other-wise affect a contract or to recover damages or other relieffor or in respect of the breach of a contract—