Order 26 Rule 1 provides for the taking of security for costs of the suit. Order 42 rule 14 provides for the taking of security for costs of the Appeal. We are concerned with Order 26. Where a plaintiff resides outside Kenya or where the plaintiff does not have sufficient immoveable property within Kenya, then the court may order that security for costs be provided. The purpose of this rule is to provide protection of the defendant in certain cases where in the event of success they may have difficulty realising the costs incurred in litigation. This power is a discretionary power and is only exercised in exceptional circumstances. It is only to be used for the reasonable protection of the interests of the defendant.
Order 26 Rule 2 – the other party will be required to furnish security to the satisfaction of the court. If you fail to furnish security to the satisfaction of court and the other party then your case will be dismissed. The case can be restored when you later furnish the security.