Where does the Bailiff get the Power to Execute?

Where does the Bailiff get the Power to Execute under the Civil Procedure Code and under the High Court (Organization and Administration) Act?

1. When there is a warrant for arrest to direct judgment-debtor to be brought up 

[Order 22, rule 32.]

Every warrant for the arrest of a judgment-debtor shall direct the officer entrusted with its execution to bring him before the court with all convenient speed, unless the amount which he has been ordered to pay, together with the interest thereon and the costs (if any) to which he is liable, be sooner paid.

2. Where the defendant may be called upon to furnish security for appearance, 

 

[Order 39, rule 1.] At any stage of a suit, other than a suit of the nature referred to in paragraphs ;-

(a) to (d) of section 12 of the Act, the court is satisfied by affidavit or otherwise—

(a) that the defendant with intent to delay the plaintiff, or to avoid any process of the court, or to obstruct or delay the execution of any decree that may be passed against him—

(i) has absconded or left the local limits of the jurisdiction of the court; or

(ii) is about to abscond or leave the local limits of the jurisdiction of the court; or

(iii) has disposed of or removed from the local limits of the jurisdiction of the court his property or any part thereof; or

(b) that the defendant is about to leave Kenya under circumstances affording reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any decree that may be passed against the defendant in the suit, the court may issue a warrant to arrest the defendant and bring him before the court to show cause why he should not furnish security for his appearance:

Provided that the defendant shall not be arrested if he pays to the officer entrusted with the execution of the warrant any sum specified in the warrant as sufficient to satisfy the plaintiff’s claim; and such sum shall be held in deposit by the court until the suit is disposed of or until the further order of the court.

Endorsement on process

[Order 22, rule 20.]

Process for execution(1) When the preliminary measures (if any) required by the foregoing rules have been taken, the court shall, unless there is cause to the contrary, issue its process for the execution of the decree.

 [Order 22, rule 21.]

(1) The officer entrusted with the execution of the process shall endorse thereon the day on, and the manner in which it was executed, and, if the latest day specified in the process for the return thereof has been exceeded, the reason for the delay, or, if it was not executed, the reason why it was not executed, and shall return the process with such endorsement to the court.

(2) Where the endorsement is to the effect that such officer is unable to execute the process, the court may examine him touching his alleged inability, and may, if it thinks fit, summon and examine witnesses as to such inability, and shall record the result.

Under the High Court (Organization and Administration) Act, 

Execution and Taxation of Bills of Costs

39. (a) For efficient service delivery the High Court shall adopt active management of the Courts’ execution processes.

((e) A separate register of matters with post judgement activities shall be maintained to track the progress of the matters.