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Civil Procedure Rules

17. Substituted service [Order 5, rule 17]

Edition: 2022-12-31 · In force

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17. Substituted service [Order 5, rule 17]

(1)Where the court is satisfied that for any reason the summons cannot be served in accordance with any of the preceding rules of this Order, the court may on application order the summons to be served by affixing a copy thereof in some conspicuous place in the court-house, and also upon some conspicuous part of the house, if any, in which the defendant is known to have last resided or carried on business or personally worked for gain, or in such other manner as the court thinks fit.
(2)Substituted service under an order of the court shall be as effectual as if it had been made on the defendant personally.
(3)Where the court makes an order for substituted service it shall fix such time for the appearance of the defendant as the case may require.
(4)Unless otherwise directed, where substituted service of a summons is ordered under this rule to be by advertisement, the advertisement shall be in Form No. 5 of Appendix A with such variations as the circumstances require.
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Source: Kenya Law