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Order 5, rule 22 of Civil Procedure Rules : Service of other process out of the jurisdiction

    

(1) Service out of Kenya of the following process or of notice thereof may be allowed by the court by—
(a) an originating summons, originating notice of motion, petition, or other
originating proceedings under any written law under which proceedings can be commenced otherwise than by plaint;
(b) any summons, order or notice in any interpleader proceedings or for the
appointment of an arbitrator or umpire, or to remit, set aside or enforce an award in an arbitration held or to be held within the jurisdiction;
(c) any summons, order or notice in any proceedings duly instituted whether by plaint or other originating process mentioned in paragraph (a); or
(d) where the person on whom the originating summons, originating notice of motion, petition or other originating proceedings, or a summons, order or notice, is to be served is neither a Commonwealth citizen nor residing within the Commonwealth, a copy of the originating summons, petition, notice of motion or other originating proceedings, or summons, order or notice shall be served instead of the original together with an intimation in writing that process in the form of the copy has been issued or otherwise launched.
(2) Rules 25, 26, 27, 28, 29 and 30 shall apply mutatis mutandis to service of any process under subrule (1).
(3) Nothing in this rule shall affect any practice or power of the court under which, when lands, funds, choses in action, rights or property within the jurisdiction are sought to be dealt with or affected, the court may (without affecting to exercise jurisdiction over any person out of the jurisdiction) cause such person to be informed of the nature or existence of the proceedings with a view to such person having an opportunity of claiming, opposing, or otherwise intervening.

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