ADVOKS GLOBAL · KENYA
Local Authorities (Recovery of Possession of Property) Act
6. Trespass by local authority and stay of execution of warrant
Edition: 2022-12-31 · In force
6. Trespass by local authority and stay of execution of warrant
(1)If the local authority to which a warrant granted under section 5 is granted had not at the time of the granting thereof lawful right to possession of the premises or of the part thereof so held over, the obtaining of the warrant shall, whether or not entry has been made under or by virtue of the warrant, be a trespass against the tenant or other occupier of the premises.(2)If the person against whom any such trespass has been committed enters into a bond with two sureties, to be approved by the magistrate in such sum as to the magistrate may seem reasonable having regard to the value of the premises and the probable costs of an action for trespass, to sue without delay the local authority by whom the warrant was obtained and to pay the costs of such action if judgment is given for the defendant or if the plaintiff discontinues and does not prosecute the action or is non-suited therein, then execution of the warrant shall be suspended until judgment has been given in the action for trespass, and if a verdict is given in favour of the plaintiff the verdict shall supersede the warrant.(3)A bond mentioned in subsection (2) shall be given to the local authority at the cost of that local authority and shall be approved by the magistrate, who shall indicate his approval by signing his name on the bond, and if the bond is forfeited or if, upon the trial of the action for securing the trial of which the bond was given, the judge or magistrate by whom it is tried does not endorse upon the record of the case that the condition of the bond has been fulfilled, the local authority to which the bond was given may bring an action and recover thereon:Provided that the court before which the last-mentioned action is brought may make an order giving such relief to the parties to the bond as the Justice of the case may require, and any such order shall have the effect of a defeasance to the bond.