Section 40 of Civil Procedure Act CAP 21: Arrest and detention

The Minister may, by notice in the Gazette, fix scales of monthly allowances payable for the subsistence of a judgment-debtor.

(1) Every person detained in prison in execution of a decree shall be so detained— (a) where the decree is for the payment of a sum of money exceeding one hundred shillings, for a period not...

(1) At any time after a warrant for the arrest of a judgment-debtor has been issued, the court may cancel it on the ground of his serious illness. (2) Where a judgment-debtor has been arrested, the...

(1) All property belonging to a judgment debtor, including property over which or over the profits of which he has a disposing power which he may exercise for his own benefit, whether that property is...

(1) No person in executing any process under this Act directing or authorizing seizure of movable property shall enter any dwelling-house after sunset and before sunrise. (2) No outer door of a...

(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...

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...

Where immovable property is sold in execution of a decree and the sale has become absolute, the property shall be deemed to have vested in the purchaser from the time when the property is sold and not...

(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...

(1) Where assets are held by any court and more persons than one have before the receipt of such assets by such court lodged applications in court for the execution of decrees for the payment of money...

Where the court is satisfied that the holder of a decree for the possession of immovable property, or that the purchaser of immovable property sold in execution of a decree, has been resisted or...

Subject to such conditions and limitations as may be prescribed, the court may issue a commission— (a) to examine any person; (b) to make a local investigation; (c) to examine or adjust...

(1) A commission for the examination of any person may be issued by the High Court to any subordinate court or to any advocate, and by a subordinate court of the first or second class to any other...

In lieu of issuing a commission, the High Court or a subordinate court with the sanction of the High Court may issue a letter of request to examine a witness residing at any place outside Kenya.

Commissions issued by foreign courts for the examination of persons in Kenya shall be executed and returned in such manner as may be from time to time authorized by the High Court.

(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...

(1) A foreign state may sue in any court of Kenya, provided that state has been recognized by Kenya, and provided the object of the suit is to enforce a private right vested in the head of that state...

Where two or more persons claim adversely to one another the same debt, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges...

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.

(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...

(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...

(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...

All agreements entered into with the assistance of qualified mediators shall be in writing and may be registered and enforced by the 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.

(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...

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...

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...

(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under section 63— (a) it appears to the court that the arrest, attachment or injunction...

(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...

Renumbered as section 79B.

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...

(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.

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.

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...

Renumbered as section 79A.

Renumbered as section 79C.

(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...

(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...

(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...

(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,...

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.

(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...

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...

No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder of parties or causes of action or any error, defect or irregularity in any...

Before an appeal from a subordinate court to the High Court is heard, a judge of the High Court shall peruse it, and if he considers that there is no sufficient ground for interfering with the decree,...

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...

No second appeal from a decree passed in appeal by the High Court shall lie except on the grounds mentioned in section 72.

No second appeal from a decree passed in appeal by the High Court shall lie in any suit when the amount or value of the subject-matter of the original suit does not exceed ten thousand shillings...

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,...

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...