Order 26, rule 5 of Civil Procedure Rules : Effect of failure to give security
(1) If security for costs is not given within the time ordered and if the plaintiff is not permitted to withdraw the suit, the court shall, upon application, dismiss the suit.
(2) If a suit is dismissed under subrule (1) and the plaintiff proves that he was prevented by sufficient cause from giving the required security for costs the court may set aside the order dismissing the suit and extend the time for giving the required security.
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- Order 26, rule 6 - Investment of security
(1) Where security by payment has been ordered, the party ordered to pay may make payment to a bank or a reputable financial institution in the joint names of himself and the defendant or in the names...
- Order 27, rule 1 - Payment into court
(1) In any suit for a debt or damages any defendant may at any time after appearance upon notice to the plaintiff pay into court a sum of money in satisfaction of the claim or (where several causes of...
- Order 27, rule 2 - Acceptance of payment
(1) Where money is paid into court under rule 1 the plaintiff may, within fourteen days of the receipt of notice thereof, or where more than one payment has been made, within fourteen days of the...
- Order 27, rule 3 - Money remaining in court
If money paid into court is not accepted in accordance with rule 2 (1) the money remaining in court shall not be paid out except by consent or in pursuance of an order of the court, which may be made...
- Order 27, rule 4 - Payment into where several defendants
(1) Money may be paid into court under rule 1 by any of several defendants sued jointly or in the alternative upon notice to the other defendants.
(2) If within fourteen days after receipt of notice...
- Order 27, rule 5 - Payment into court on a counterclaim
A plaintiff or other person made a defendant to a counterclaim may pay money into court in accordance with the provisions of this Order subject to any necessary modification.
- Order 27, rule 6 - Confidentiality of payments into court
(1) Unless a defence of tender before action or a plea under section 12 of the Defamation Act (Cap. 36) is pleaded, the fact that a payment into court has been made under this Order shall not be...
- Order 27, rule 7 - Register of payments to be kept
The registrar of every court shall maintain a register containing details of every payment into court made under this Order.
- Order 27, rule 7 - Register of payments to be kept
The registrar of every court shall maintain a register containing details of every payment into court made under this Order.
- Order 27, rule 8 - Investment of payment
(1) In place of payment into court as provided by the foregoing rules the defendant may make payment to a bank or a reputable financial institution in the joint names of himself and the plaintiff or...
- Order 27, rule 9 - Money paid in under order of court
Money paid into court under an order of the court shall not be paid out except in pursuance of an order of the court:
Provided that where before the filing of defence money has been paid into court...
- Order 27, rule 10 - Moneys recovered by infants or persons of unsound mind
(1) In any cause or matter in the High Court in which money or damages is claimed by or on behalf of an infant or a person of unsound mind but not found upon inquiry to be incapable of managing his...
- Order 28, rule 1 - Cases in which court may issue commission to examine witnesses
Any court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the limits of its jurisdiction who is exempted under the Act from...
- Order 28, rule 2 - Where witness resides within court’s jurisdiction
A commission for the examination of a person who resides within the local limits of the jurisdiction of the court issuing the same may be issued to any person whom the court thinks fit.
- Order 28, rule 3 - Persons for whose examination commission may issue
(1) Any court may in any suit issue a commission for the examination of—
(a) any person resident beyond the local limits of its jurisdiction;
(b) any person who is about to leave such limits...
- Order 28, rule 4 - Request to examine witness abroad
Where any court to which application is made for the issue of a commission for the examination of a person residing at any place not in Kenya is satisfied that the evidence of such person is...
- Order 28, rule 5 - Court to examine witness pursuant to commission
Every court in Kenya receiving a commission for the examination of any person shall examine him or cause him to be examined pursuant thereto.
- Order 28, rule 6 - Return of commission with deposition of witness
Where a commission has been duly executed, it shall be returned, together with the evidence taken under it, to the court from which it was issued, unless the order for issuing the commission has...
- Order 28, rule 7 - Commissions to make investigations
On the application of any party or of its own motion in any suit, the court may issue a commission to any person to make an investigation and report to the court for the purpose of ascertaining—...
- Order 28, rule 8 - Procedure of commissioner
(1) The commissioner, after such local inspection as he deems necessary and after reducing to writing the evidence taken by him, shall return such evidence, together with his report in writing signed...
- Order 28, rule 9 - Examination of accounts
On the application of any party or of its own motion in any suit in which the examination of accounts is necessary or desirable, the court may refer the accounts for examination to such person as it...
- Order 28, rule 10 - Instructions to referee
(1) The court shall furnish a referee appointed under r. 9 with such part of the proceedings and such instructions as appear necessary, and the instructions shall distinctly specify whether the...
- Order 28, rule 11 - Partition of immovable property
Where a preliminary decree for partition has been passed, the court may appoint such person as it thinks fit to make the partition or separation according to the rights as declared in such decree.
- Order 28, rule 12 - Procedure upon partition
(1) The person appointed shall, after such inquiry as may be necessary, divide the property into as many shares as may be directed by the order under which he was appointed, and shall allot such...
- Order 28, rule 13 - Expenses of commission to be paid into court
Before issuing any commission, reference or appointment under this Order, the court may order such sum (if any) as it thinks reasonable for the expenses of the commission, reference or inquiry, to be,...
- Order 28, rule 14 - Powers of commissioner
Any person appointed under this Order may, unless otherwise directed by the order of appointment—
(a) examine the parties themselves and any witness whom they or any of them
may produce, and any...
- Order 28, rule 15 - Attendance and examination of witnesses before commissioner
(1) The provisions of the Act and these Rules relating to the summoning, attendance and examination of witnesses, and to the remuneration of, and penalties to be imposed upon witnesses, shall apply to...
- Order 28, rule 16 - Parties to appear before commissioner
(1) Where a commission is issued under the preceding rules, the court shall direct that the parties to the suit shall appear before the commissioner in person or by their agents or advocates....
- Order 28, rule 17 - Commissions issued by foreign courts
The provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by—
(a) courts situated in any part of the Commonwealth other than...
- Order 28, rule 18 - Evidence in proceedings by or against the Government
For the avoidance of doubt it is hereby declared that any powers exercisable by the court in regard to the taking of evidence are exercisable in civil proceedings by or against the Government as they...
- Order 29, rule 1 - Interpretation
(1) The expressions “civil proceedings by the Government”, “civil proceedings against the Government” and “civil proceedings by or against the Government” have the same respective meanings as in Part...
- Order 29, rule 2 - Rules to apply to proceedings by or against the Government
(1) Except as provided by the Government Proceedings Act (Cap. 40) or by these Rules—
(a) these Rules shall apply to all civil proceedings by or against the Government; and
(b) civil proceedings...
- Order 29, rule 3 - Application for a certificate under section. 21 of the Government Proceedings Act
Any application for a certificate under section 21 of the Government Proceedings Act (Cap. 40) (which relates to satisfaction of orders against the Government) shall be made to a registrar or, in the...
- Order 29, rule 4 - Attachment of debts or appointment of a receiver
(1) No order for the attachment of debts under Order 23 or for the appointment of a receiver under Order 41 shall be made or have effect in respect of any money due or accruing or alleged to be due or...
- Order 30, rule 1 - Suing of partners in name of firm
Any two or more persons claiming or being liable as partners and carrying on business in Kenya may sue or be sued in the name of the firm (if any) in which such persons were partners at the time of...
- Order 30, rule 2 - Disclosure of partners’ names
(1) Where a suit is instituted by partners in the name of their firm, the plaintiffs or their advocate shall, on demand in writing by or on behalf of any defendant, within seven days, declare in...
- Order 30, rule 3 - Service
(1) Where persons are sued as partners in the name of their firm, the service of the summons shall be effected either—
(a) upon any one or more of the partners;
(b) at the principal place at which...
- Order 30, rule 4 - Notice in what capacity served
Where a summons is issued to a firm, and is served in the manner provided by rule 3, every person upon whom it is served shall be informed by notice in writing given at the time of such service,...
- Order 30, rule 5 - Appearance of partners
Where persons are sued as partners in the name of their firm, they shall appear individually in their own names, but all subsequent proceedings shall, nevertheless, continue in the name of the firm.
- Order 30, rule 6 - No appearance except by partners
Where a summons is served in the manner provided by rule 3, upon a person having the control or management of the partnership business, no appearance by him shall be necessary unless he is a partner...
- Order 30, rule 7 - Appearance in action against firms
(1) Any person served as a partner under rule 3 but who denies that he was a partner or liable as such at any material time may enter an appearance stating therein that he does so as “a person served...
- Order 30, rule 8 - Suits between firm and partners
This Order shall apply to suits between a firm and one or more of the partners therein, and to suits between firms having one or more partners in common; but no execution shall be issued in such suits...
- Order 30, rule 9 - Suit against persons carrying on business in name other than his own
Any person carrying on business in a name or style other than his own name may be sued in such name or style as if it were a firm name; and, so far as the nature of the case will permit, all rules...
- Order 31, rule 1 - Representation of beneficiaries in suits concerning property vested in trustees
In all suits concerning property vested in a trustee, executor or administrator, where the contention is between the persons beneficially interested in such property and a third person, the trustee,...
- Order 31, rule 2 - Joinder of trustees, executors and administrators
Where there are several trustees, executors or administrators, they shall all be made parties to a suit against one or more of them:
Provided that the executors who have not proved their testator’s...
- Order 32, rule 1 - Minor to sue by next friend
(1) Every suit by a minor shall be instituted in his name by a person who in such suit shall be called the next friend of the minor.
(2) Before the name of any person shall be used in any action as...
- Order 32, rule 2 - Where suit is instituted without next friend
(1) Where a suit is instituted by or on behalf of a minor without a next friend the defendant may apply to have the suit dismissed with costs to be paid by the advocate or other person by whom it was...
- Order 32, rule 3 - Guardian ad litem
(1) Where the defendant is a minor, the court, on being satisfied of the fact of his minority, shall appoint a proper person to be guardian ad litem of such minor.
(2) An order for the appointment...
- Order 32, rule 4 - Who may act as next friend or be appointed guardian for the suit
(1) Any person who is of sound mind and has attained majority may act as next friend of a minor or as his guardian ad litem:
Provided that the interest of such person is not adverse to that of the...
- Order 32, rule 5 - Representation of minor by next friend or guardian for the suit
(1) Every application to the court on behalf of a minor, other than an application under rule 10(2), shall be made by his next friend or by his guardian ad litem.
(2) Every order made in a suit or...