How to Legally Enforce a Court Judgment for Debt Recovery in Kenya
Winning a court case against a debtor is a major victory—but it’s only half the battle. Many creditors in Kenya are surprised to learn that even after receiving a favorable judgment, the court does not automatically enforce the payment. That responsibility falls to the creditor.
So what happens when a debtor ignores a court judgment? How do you go from court order to actual recovery of your money?
At Meridian Recoveries, we specialize in the post-judgment phase of debt recovery—helping clients legally enforce court decisions through various mechanisms allowed under Kenyan law.
In this article, we explain the step-by-step process of enforcing a court judgment for debt recovery, the legal tools available, and how to ensure you recover what’s rightfully yours.
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What is a Judgment in Debt Recovery?
A judgment is a formal court decision stating that the debtor owes you a certain amount of money, and is legally obligated to pay. It is often the result of:
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A civil lawsuit filed in the Small Claims Court or Magistrate Court
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A default judgment if the debtor failed to respond or appear
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A consent judgment after a negotiated settlement
But the judgment itself is not the payment—it’s just the legal foundation for enforcement.
Step-by-Step Process for Enforcing a Court Judgment in Kenya
✅ Step 1: Obtain a Certified Copy of the Decree or Judgment
After the court delivers its decision, request a certified copy of the decree or ruling from the court registry. This will serve as the official proof that you are legally entitled to the debt.
✅ Step 2: Serve the Judgment on the Debtor
You are required to serve the judgment or decree on the debtor, informing them of the court’s decision and demanding compliance—usually within 14 to 30 days.
If the debtor complies and pays in full, no further action is needed.
If not, you proceed with enforcement.
✅ Step 3: Apply for Execution of the Judgment
Under Order 22 of the Civil Procedure Rules, a decree-holder (you) can apply for the execution of the decree through the court. There are several ways to do this:
Legal Methods to Enforce a Judgment in Kenya
1. Warrant of Attachment and Sale of Property
This is one of the most common enforcement tools. The court issues a warrant to a licensed auctioneer authorizing them to:
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Visit the debtor’s premises
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Identify movable assets (vehicles, electronics, stock, furniture, etc.)
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Attach (seize) the items
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Auction them to recover the owed amount
The proceeds from the auction go toward paying the judgment debt, legal costs, and auctioneer fees.
2. Garnishee Proceedings (Bank or Employer Deductions)
If the debtor has money in a bank account or receives income from an employer or client, you can apply for garnishee orders. This allows you to:
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Identify the debtor’s bank or employer
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Get a court order to freeze the account or compel payment
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Recover the debt directly from the source
For example, if a garnishee order is issued to a bank holding the debtor’s funds, those funds are used to pay the creditor without the debtor’s cooperation.
3. Committal to Civil Jail
Although used as a last resort, a debtor who refuses to comply with a court order may be committed to civil jail for up to 6 months. To do this:
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File an application to summon the debtor to court
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Prove that they are able to pay but willfully refusing
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The court may issue a warrant of arrest or show cause notice
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Upon failure to satisfy the court, the debtor can be jailed
Note: Civil jail is not a punishment for poverty—but a tool against deliberate non-compliance.
4. Attachment of Land or Buildings
If the debtor owns real estate, you can apply to the court to attach and sell land or buildings to recover your debt. This process is more involved and requires:
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Land registry searches
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Valuation by a licensed valuer
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Public notices and gazette publications
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Auction through a licensed auctioneer
This method is best for high-value debts and where movable assets or bank garnishees are insufficient.
5. Examination of Judgment Debtor (Oral Examination)
When the creditor is unsure of the debtor’s assets or means to pay, they can apply for an oral examination, where the debtor appears in court to disclose:
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Their income and assets
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Liabilities and obligations
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Ownership of property or shares
If the debtor lies under oath or refuses to cooperate, the court can escalate to other enforcement options.
How Long Does a Judgment Remain Enforceable?
Under the Limitations of Actions Act, a judgment can be enforced within 12 years from the date it was issued.
However, the sooner you act, the better your chances of recovery. Delays may result in:
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Disposed assets
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Lost evidence
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Debtors relocating or becoming insolvent
Costs and Who Pays for Enforcement
While you may incur costs such as:
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Legal fees
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Court filing fees
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Auctioneer charges
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Valuation or tracing fees
These are typically added to the judgment debt, meaning the debtor bears the cost—not the creditor.
At Meridian Recoveries, we structure our fees in a way that’s affordable and results-based, especially for SMEs and individuals.
Real Case: Full Recovery via Garnishee Order
A client approached us after winning a KES 750,000 case against a debtor who refused to pay. After obtaining the judgment, we traced the debtor’s bank account and successfully applied for a garnishee order. The funds were frozen and redirected to the creditor’s account—recovering the full amount in less than 60 days.
Why Many Creditors Fail to Enforce Judgments
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Lack of knowledge about the next legal steps
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Fear of additional costs
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Assuming the court will act automatically
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Frustration after a long legal process
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Debtors giving false hope of payment
But a judgment without enforcement is like having a car without fuel—it won’t take you anywhere.
Meridian Recoveries: Experts in Legal Enforcement of Judgments
We provide end-to-end support for judgment creditors, including:
✅ Reviewing and obtaining certified judgments
✅ Asset tracing and background checks
✅ Court filing for execution
✅ Working with licensed auctioneers
✅ Applying for garnishee orders
✅ Liaising with banks, employers, and registrars
✅ Managing post-judgment negotiation (if needed)
We are licensed, professional, and discreet—focused on results, not threats.
Final Thoughts
In Kenya, debt recovery doesn’t end with a favorable judgment. Without proper enforcement, your legal victory may remain symbolic.
At Meridian Recoveries, we make court judgments count. Whether through asset seizure, garnishee orders, or civil jail applications, we help you turn paper victories into real payments—efficiently, legally, and professionally.
