Maintenance Orders Enforcement Act

AN ORDINANCE. .1;164- r-c.."--c.) 4.4z-Zt No. 33 OF 1921. °).--z) • ay2 2 . fx.. 4 (4
Assented to in His Majesty's name this 6th day of
September, 1921. W. K. NOTLEY,
Acting Governor. An Ordinance to facilitate the enforcement in
the Colony and Protectorate of Maintenance
Orders made in England and Ireland and
vice versa. WHEREAS it is enacted by, the Maintenance Orders
(Facilities for Enforcement) Act, 1920, that His Majesty may
by Order-in-Council extend the provisions of the said Act to
any part of His Majesty's dominions where reciprocal pro•
visions have been made for the enforcement within that
part of maintenance orders made by courts within England
and Ireland. And whereas it is desirable that the provisions of
the said Act should be extended to the Colony and Protec-
torate of Kenya. Be it therefore enacted by the Acting Governor of the Colony
of Kenya with the advice Ind consent of the Legislative Council
thereof :—
1. This Ordinance may be cited as " The Maintenance Short title. Orders Enforcement Ordinance, 1921."
2. For the purposes of this Ordinance : — Interpretation.

rdinance may be cited as " The Maintenance Short title. Orders Enforcement Ordinance, 1921."
2. For the purposes of this Ordinance : — Interpretation.

The - expression " maintenance Order " means an
order other than an order of affiliation for the periodical
Payment of sums of money towards the maintenance of
the wife or other dependants of the person against whom
the order is made; and includes an order or decree for the re-
„poyery or repayment of the cost of relief or maintenance made
in :Ireland by virtue of the provisions of. the Poor Relief (Ire-
land) Aets, IS* tot-1914:

ery or repayment of the cost of relief or maintenance made
in :Ireland by virtue of the provisions of. the Poor Relief (Ire-
land) Aets, IS* tot-1914:

76
V. o^s-t/ . Enforcement in the
Colony of maintenance
orders made in
England and
Ireland. "-fleet-ea r
. jv
Transmission of
maintenance orders
made in the Colony. Power to make
pro visional orders of
maintenance against
persons resident in
England or Ireland. The expression `"leed5nk,','Reans sue exsons
as that person is,or ing to-t ie la 767-F7effi
Ireland., liable to maintain;
The expression " certified copy " in relation to an
order of a court means a copy of the order certified by the
proper officer of the court to be a true copy; and the
expression " prescribed means prescribed by rules of
court. "The expression "Colony" includes "Protectorate:"
3.

the court to be a true copy; and the
expression " prescribed means prescribed by rules of
court. "The expression "Colony" includes "Protectorate:"
3.

(1) Where a maintenance order has, whether before
or after the passing of this Ordinance, been made against any
person by any court in England or Ireland, and a certified copy
of the order has been transmitted by the Secretary of State to
the Governor, the Governor shall send a copy to the prescribed
officer of a Court in the Colony for registration; and on receipt
thereof the order shall be registered in the prescribed manner,
and shall, from the date of such registration, be of the same
force and effect, and, subject to the provisions of this Ordinance,
all proceedings may be taken on such order as if it had been
an order originally obtained_ in the court in which it was so
registered and that court shall have power to enforce the order
accordingly. to be so registered as
in England by the Probate,
the High Court, or in Ireland by
atrimonial) of the High Court of
e High Court, and, if the order was
summary jurisdiction be subordinate
class. 4.

e,
the High Court, or in Ireland by
atrimonial) of the High Court of
e High Court, and, if the order was
summary jurisdiction be subordinate
class. 4.

Where a court in the Colony has, whether before or
after the commencement of this Ordinance, made a main-
tenance order against any person, and it is proved to that court
that the person against whom the order was made is resident
in England or Ireland, the court shall send to the Governor for
transmission to the Secretary of State a certified copy of the
order. 5. (1) Where an application is made to a subordinate
court of the first class in the Colony for a maintenance order
against any person, and it is proved that that person is resident
in England or Ireland, the court may, in the absence of that
person, if after hearing the evidence it is satisfied of the justice
of the application, make any such order as it might have made
if a summons had been duly served on that person and he had
failed to appear at the hearing, but in such case the order shall
be provisional only, and shall have no effect unless and until
confirmed by a competent court in England or' Ireland. (2) The evidence of any witness who is examined on any
such application shall be put into writing, and such deposition
shall he read over to and signed by him.

vidence of any witness who is examined on any
such application shall be put into writing, and such deposition
shall he read over to and signed by him.

(3) Where such an order is made, the Court shall send to
the Governor for transmission to the Secretary of State the
depositions so taken and a certified copy of the order, together
with a statement of the grounds on which the making of the
order might have been opposed if the person against whom the
order is made had been duly served with a summons and had
appeared at the hearing, and such information as the court
possesses for fact taking the identification of that person, and
ascertaining his whereabouts. (4) Where any such provisional order has come before a
court in Eng.and or Ireland for confirmation and the order has by
that court been remitted to the subordinate court which made
the order for the purpose of taking furt er evidence, that court or
any other subordinate court of the first class sitting and acting for
the same p ace shall, after giving the prescribed notice, proceed
to take the evidence in like manner and subject to the like
condit.ons in support of the original application. (2) The court in which an order
aforesaid shall, if the order was ma
Divorce and Admiralty Divisio
the King's Bench Divisio
Justice in Ireland, be
made by a court
court of the fi
a

r
aforesaid shall, if the order was ma
Divorce and Admiralty Divisio
the King's Bench Divisio
Justice in Ireland, be
made by a court
court of the fi
a

If upon hearing of such evidence it appears to the court
that the order ,ought not to have been made, . the court may
• rescind the order, but in any other case the depositions shall be
sent to the Governor and _dealt with in like manner as the
original depositions. (5) The confirmation of an order made under this
Section shall not affect any power of a subordinate court to
vary or rescind that order provided that on the making of a
varying or rescinding order the court shall send a certified copy
thereof to the Governor for transmission to the Secretary of
State and that in the case of an order varying the original
• order the order shall not have any effect unless and until con-
firmed in like manner as the original order. (6) The applicant shall have the same right of appeal, if
any, against a refusal to make a provisional order as he would
have had against a refusal to make the order had a summons
been duly served on the person against whom the order is
sought to be made. 77
Power of subordinate
court to confirm
maintenance order
made in England and
Ireland. 6.

on the person against whom the order is
sought to be made. 77
Power of subordinate
court to confirm
maintenance order
made in England and
Ireland. 6.

(1) Where a maintenance order has been made by a
court in England or Ireland, and the order is provisional only
and has no effect unless and until confirmed by a subordinate
court of the first class in the Colony, and a certified copy of
the order, together with the depositions of witnesses and a
statement of the grounds on which the order might have been
opposed has been transmitted to the Governor and it appears
to the Governor that the person against whom the order was
'bade is resident in the Colony the Governor may send the said
documents to the prescribed officer of a subordinate court
of the first class with a requisition that a summons be issued
calling upon the person to shew cause why that order should not
he confirmed, and upon receipt of such documents and requisition
the court shall issue such a summons.and cause it to be served
upon such person. (2) A summons so issued may be served in the Colony in
the same manner as if it had been originally issued or subset
quently endorsed by a subordinate court having jurisdiction in
the place where the person happens to be.

as if it had been originally issued or subset
quently endorsed by a subordinate court having jurisdiction in
the place where the person happens to be.

(3) At the hearing it shall be open to the person on whom
the summons was served to raise any defence which he might,
have raised in the original proceedings had he been a party
thereto, but no other defence, and the certificate from the court
which made the, provisional order stating the grounds on which
the making of the order might have been opposed if the person
against whom the order was made had been a party to the pro-
ceedings shall be conclusive evidence that those grounds are
grounds on which objection may, be taken. (4) If at the hearing the person served with the summons
does not appear or, on appearing, fails to satisfy the court that
the order ought not to be confirmed, the court may confirm the
order either without modification or with such modifications as
to the Court after hearing the evidence may seem just. (5) If the person against whom the summons wasoissued
appears at the hearing and satisfies the court that for the purpose
of any defence it is necessary to remit the case to the court
which made the provisional order for the purpose of taking any
further evidence the court may so remit the case and adjourn
the proceedings for the purpose.

made the provisional order for the purpose of taking any
further evidence the court may so remit the case and adjourn
the proceedings for the purpose.

(6) Where a provisional order has been confirmed under
this section it may be varied or rescinded in like manner as if it
had original y been made by the confirming court and where on
an applicat on for rescission or variation the court' is satisfied that
it is necessary to remit the case to the court which made the
order f6r the purpose of taking any further evidence, the court
may so remit the case and adjourn the proceedings for the
purpose. (7) Where an order has been so confirmed, the person
bound thereby shall have the Sante right of appeal, if any,
against the confirmation of the order as be would have had
against the making of the, order had the order been an order made
by the court confirming the order.

he confirmation of the order as be would have had
against the making of the, order had the order been an order made
by the court confirming the order.

Proof of documents
signed by officers of
court. 7. (1) The court in which an order has been registered under
this Ordinance or by-which an order has been confirmed by this
Ordinance and the officers of such court shall take all such steps
for enforcing the order as may be prescribed. (2) Every such order shall be enforceable in like manner
as if the order were for payment of a civil debt. (3) A warrant of distress or commitment issued by a
subordinate court for the purpose of enforcing any order so
registered or confirmed may be executed in any part of the
Colony in the same manner as if the warrant had been originally
issued or subsequently endorsed by a subordinate court having
jurisdiction in the place where the warrant is executed. 8. Any document purporting to be signed by a judge of a
court in England or Ireland shall, until the contrary is proved,
be deemed to have been so signed without proof of the signature or
judicial or official character of the person appearing to have
signed it, and the officer of a court by whom a document is
signed shall, until the contrary is proved, be deemed to have been
the proper officer of the court to sign the documenb. 9.

ourt by whom a document is
signed shall, until the contrary is proved, be deemed to have been
the proper officer of the court to sign the documenb. 9.

Depositions taken in a court in England or Ireland may
be received in evidence in proceedings before subordinate courts
under this Ord' ance. ( !O) /41
78
Mode of enforeing
orders. Depositions to be
evidence. tr • cr1-4 • 1 y zz