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Civil Procedure Rules

5. Effect of failure to give security [Order 26, rule 5]

Edition: 2022-12-31 · In force

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5. Effect of failure to give security [Order 26, rule 5]

(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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Source: Kenya Law