Section 46 of Civil Procedure Act CAP 21: Property attached in execution of decrees of several courts
(1) Where property not in the custody of a court is under attachment in execution of decrees of more courts than one, the court which shall receive and realize that property and shall determine any claim thereto and any objection to the attachment thereof shall be the court of the highest grade, or, where there is no difference in grade between the courts, the court under whose decree the property was first attached.
(2) Nothing in this section shall invalidate any proceeding taken by a court executing one of the decrees.
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- Section 47 - Private alienation of property after attachment to be void
Where an attachment has been made, any private transfer or delivery of the property attached or of any interest therein, and any payment to the judgmentdebtor of any debt, dividend or other moneys...
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(1) No suit shall be maintained against any person claiming title under a purchase certified by the court in such manner as may be prescribed on the ground that the purchase was made on behalf of the...
- Section 50 - Distribution of assets
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- Section 51 - Resistance to execution
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- Section 52 - Power of court to issue commission
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(b) to make a local investigation; (c) to examine or adjust...
- Section 53 - Commission to another court
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- Section 54 - Letter of request
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- Section 55 - Commission issued by foreign court
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- Section 56 - When alien may sue
(1) Alien enemies residing in Kenya with the permission of the President, and alien friends, may sue in the courts of Kenya.
(2) No alien enemy residing in Kenya without such permission, or residing...
- Section 57 - When foreign state may sue
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- Section 58 - When interpleader suit may be instituted
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- Section 59 - Arbitration
All references to arbitration by an order in a suit, and all proceedings thereunder, shall be governed in such manner as may be prescribed by rules.
- Section 59A - Establishment of Mediation Accreditation Committee
(1) There shall be a Mediation Accreditation Committee which shall be appointed by the Chief Justice.
(2) The Mediation Accreditation Committee shall consist of— (a) the chairman of the Rules...
- Section 59B - Reference of cases to mediation
(1) The Court may—
(a) on the request of the parties concerned; or
(b) where it deems it appropriate to do so, or
(c) where the law so requires,
direct that any dispute presented before it be...
- Section 59C - Other alternative dispute resolution methods
(1) A suit may be referred to any other method of dispute resolution where the parties agree or the Court considers the case suitable for such referral.
(2) Any other method of alternative dispute...
- Section 59D - Power to enforce private mediation agreements
All agreements entered into with the assistance of qualified mediators shall be in writing and may be registered and enforced by the Court.
- Section 60 - Power to state case for opinion of court
Where any persons agree in writing to state a case for the opinion of the court, then the court shall try and determine the same in the manner prescribed.
- Section 61 - Public nuisance
(1) In the case of a public nuisance, the Attorney-General, or two or more persons having the consent in writing of the Attorney- General, may institute a suit though no special damage has been...
- Section 62 - Public charity
In the case of an alleged breach of any express or constructive trust created for public purposes of a charitable or religious nature, or where the direction of the court is deemed necessary for the...
- Section 63 - Supplemental proceedings
In order to prevent the ends of justice from being defeated, the court may, if it is so prescribed—
(a) issue a warrant to arrest the defendant and bring him before the court to show cause why he...
- Section 64 - Compensation for arrest, attachment or injunction on insufficient grounds
(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under section 63—
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- Section 65 - Appeal from other courts
(1) Except where otherwise expressly provided by this Act, and subject to such provision as to the furnishing of security as may be prescribed, an appeal shall lie to the High Court—
(a) Deleted by...
- Section 65A - Renumbered as section 79B.
Renumbered as section 79B.
- Section 66 - Appeal from decree of High Court
Except where otherwise expressly provided in this Act, and subject to such provision as to the furnishing of security as may be prescribed, an appeal shall lie from the decrees or any part of decrees...
- Section 67 - Appeal from original decree
(1) An appeal may lie from an original decree passed ex parte.
(2) No appeal shall lie from a decree passed by the court with the consent of parties.
- Section 68 - Appeal from final decree where no appeal from preliminary decree
Where any party aggrieved by a preliminary decree does not appeal from that decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree.
- Section 69 - Decision where appeal heard by two or more judges
Where an appeal is heard by a court consisting of two or more judges the appeal shall be decided in accordance with the opinion of the judges or a majority of them:
Provided that where a court...
- Section 70 - Renumbered as section 79A.
Renumbered as section 79A.
- Section 71 - Renumbered as section 79C.
Renumbered as section 79C.
- Section 71A - Second appeal from subordinate court
(1) Except where otherwise expressly provided by this Act, and subject to such provision as to the furnishing of security as may be prescribed, an appeal shall lie to the High Court from a decree...
- Section 72 - Second appeal from the High Court
(1) Except where otherwise expressly provided in this Act or by any other law for the time being in force, an appeal shall lie to the Court of Appeal from every decree passed in appeal by the High...
- Section 75 - Orders from which appeal lies
(1) An appeal shall lie as of right from the following orders, and shall also lie from any other order with the leave of the court making such order or of the court to which an appeal would lie if...
- Section 76 - Other Orders
(1) Save as otherwise expressly provided, no appeal shall lie from any order made by a court in the exercise of its original or appellate jurisdiction; but, where a decree is appealed from, any error,...
- Section 77 - What court to hear appeal
Where an appeal from any order is allowed, it shall lie to the court to which an appeal would lie from the decree in the suit in which the order was made.
- Section 78 - Powers of appellate court
(1) Subject to such conditions and limitations as may be prescribed, an appellate court shall have power— (a) to determine a case finally;
(b) to remand a case;
(c) to frame issues and refer them...
- Section 79 - Procedure in appeals from appellate decrees and orders
The provisions of this Part relating to appeals from original decrees shall, as far as may be, apply to appeals—
(a) from appellate decrees; and
(b) from orders made under this Act or under any...
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- Section 79B - Summary rejection of appeal
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- Section 79C - Mode of hearing appeal
Appeals from subordinate courts shall be heard by one judge of the High Court except when in any particular case the Chief Justice shall direct that the appeal be heard by two or more judges of the...
- Section 79D - Grounds for second appeal from High Court
No second appeal from a decree passed in appeal by the High Court shall lie except on the grounds mentioned in section 72.
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- Section 79F - Appeals by paupers
A person who has been allowed to take, defend or be a party to any legal proceedings in a subordinate court as a pauper may not appeal to the High Court, or from the High Court to the Court of Appeal,...
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Every appeal from a subordinate court to the High Court shall be filed within a period of thirty days from the date of the decree or order appealed against, excluding from such period any time which...
- Section 80 - Review
Any person who considers himself aggrieved—
(a) by a decree or order from which an appeal is allowed by this Act, but from which no appeal has been preferred; or
(b) by a decree or order from...
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(1) There shall be a Rules Committee consisting of two judges of the High Court, two judges of the Court of Appeal, the Attorney- General and two advocates, one to be nominated by the Law Society of...
- Section 82 - Exemption of certain women
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(2) Nothing herein contained...
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- Section 84 - Exemption from arrest under civil process
(1) No judge, magistrate or other judicial officer shall be liable to arrest under civil process while going to, presiding in or returning from his court.
(2) Where any matter is pending before a...
- Section 85 - Procedure relating to arrest and attachment
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