Originally from: Enforcement of Money Judgments - Looseleaf
Enforcement of Money Judgments - Electronic
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Kenya
Peter Le Pelley
I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF
FOREIGN MONEY JUDGMENTS
A. Describe any identifiable attitude of your government
(including courts) towards enforcement of foreign money
judgments
The courts will enforce foreign money judgments either by
registration or by action where the law allows. The attitude of the Central
Bank of Kenya toward the granting of permission for money so
recovered in Kenya to be converted into foreign currency and removed
from Kenya is more problematical and long delays can be expected.
B. Briefly describe recent illustrative attempts, whether
successful or unsuccessful, to enforce a foreign money
judgment in your country, particularly with regard to
enforcement of any judgments from United States courts
No separate register of applications to register foreign judgments is
kept and therefore no statistics can be given. It is understood that there
have been relatively few attempts to register such judgments.
C. Describe any proposed legislation or other governmental
action in your country that would significantly affect the
enforcement of foreign money judgments
There is no proposed legislation in Kenya.
II. PROCEDURE TO ENFORCE A FOREIGN MONEY
JUDGMENT
A. General Summary of Procedure
1. Briefly summarize the procedure and expected length of
time necessary to enforce a foreign money judgment if a
treaty provides for enforcement of judgments from the
country of origin.
The Foreign Judgments (Reciprocal Enforcement) Act (Cap 43
Laws of Kenya) provides for the enforcement of judgments of superior
courts in the countries to which the Act has been applied. At present
these are Australia, Malawi, Seychelles, Tanzania, Uganda, Zambia,
the United Kingdom of Great Britain and Northern Ireland and the
Republic of Rwanda. Other countries can be added on the basis of
reciprocity. Procedure is by application ex parte supported by affidavit,
and an order can be expected within 2 months.
