Getting back your goods attached for someone else's debt
Civil Procedure Rules, 2010 · sources read 4 Oct 2026
If your property is attached to pay someone else's court decree, you can object at any time before the sale money is paid out. Give written notice to the court and all the parties, with an application and affidavit explaining your claim, and serve it within 7 days of filing.
- Deadline
- Object any time before the proceeds of the sale are paid out.
- Deadline
- Serve the notice and application on all parties within 7 days of filing.
- Where
- The court that issued the decree under which the goods were attached
What you need
- Notice of objection with an application supported by an affidavit setting out your claim to the property
Steps
- Before the sale money is paid out, give written notice of your objection to the court, to all the parties and to the decree-holder.
- File it with an application and an affidavit briefly setting out your claim, then serve them on all the parties within 7 days of filing.
- The court can stay the execution for up to 14 days and ask the creditor to say within 7 days whether they will continue with the attachment.
- If the creditor doesn't reply, or says they won't continue, the court orders the attachment raised. If they want to continue, the court hears your application quickly.
Watch out
- If the creditor chooses to proceed, they file a replying affidavit and the court decides after a hearing, so bring proof that the goods are yours.
- The court's stay lasts no more than 14 days.
- If the objection fails, the court executing the decree can order the attached property sold and the money paid to the person who holds the decree.
Who this covers
- Anyone who owns, or has a legal or equitable interest in, all or part of property attached in execution of a decree against another person.
Official sources (1)
- Civil Procedure Rules, 2010 (L.N. 151 of 2010) new.kenyalaw.org · read 4 Oct 2026