Kenya - Enforcement of Money Judgments
Originally from Enforcement of Money Judgments
I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.
Courts in Kenya will enforce foreign money judgments in two ways: by registration and by an action where the law allows. Money recovered in enforcement of foreign judgments is usually in foreign currency. Section 7 of the Foreign Judgments (Reciprocal Enforcement) Act, Cap.43, provides that where the currency to be registered is expressed in a currency other than the currency of Kenya, it shall be registered based on the exchange rate prevailing at the time of registration. The conversion can be done in any bank as long as an officer has certified that the specified exchange rate was prevailing at that time.
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.
There are no separate registers for applications to enforce a foreign money judgment. It is therefore difficult to give any statistics. There are however ongoing attempts to register such judgments following the environment of reform in the judiciary.
C. Describe any proposed legislation or other governmental action in your country that could significantly affect the enforcement of foreign money judgments.
At the time of answering this questionnaire there is no proposed legislation on enforcement of foreign money judgments. The law still remains to be the Foreign Judgments (Reciprocal Enforcement) Act, Cap.43, Laws of Kenya, which commenced on 31st August, 1984.