How to enforce a judgment when the other side won't pay
Civil Procedure Act; Small Claims Court Act · sources read 5 Oct 2026
Apply to the court that gave the judgment (or the court it is sent to) to execute the decree. The court can order your property delivered, attach and sell the debtor's property, attach debts owed to them, appoint a receiver, or in limited cases detain them in civil jail.
- Deadline
- An action on a judgment can't be brought after 12 years from the date of judgment, and interest arrears can't be recovered after 6 years.
- Where
- The court that gave the judgment (or the court the decree was sent to for execution)
Steps
- Go to the court that passed the decree, or the court it was sent to for execution.
- Apply for execution. You can ask for attachment and sale of the debtor's property, attachment of debts owed to them (garnishee), a receiver, or other orders the case needs.
- For a Small Claims Court order, the court can attach the debtor's salary, or order sale of their immovable property if their movable property is not enough.
- Raise any dispute about execution, payment or satisfaction of the decree in the executing court, not in a new case.
- If someone such as a bank or employer owes the debtor money, apply (without notice to the debtor) for a garnishee order with an affidavit saying the decree is unpaid and how much. The court can attach that debt and call the third party to show why they should not pay you directly.
Watch out
- Civil jail for a money decree is not automatic: the debtor must first get a chance to show cause, and the court must find, for example, that they have the means to pay and refuse, or are hiding property or likely to abscond.
- Two-thirds of an employed person's salary can't be attached, so only up to one-third can be taken.
- A debtor arrested under a money decree must be released at once if they pay the decree and the costs of the arrest.
- Civil jail for a money decree over KSh 100 lasts at most 6 months, and the debtor is released early if the amount in the warrant is paid.
Who this covers
- A decree-holder: anyone with a court decree in their favour that has not been satisfied.
- People who won in the Small Claims Court, whose money orders are enforced under the Small Claims Court Act.
Official sources (4)
- Civil Procedure Act (Cap. 21) new.kenyalaw.org · read 5 Oct 2026
- Small Claims Court Act, No. 2 of 2016 new.kenyalaw.org · read 5 Oct 2026
- Limitation of Actions Act (Cap. 22) new.kenyalaw.org · read 3 Oct 2026
- Civil Procedure Rules, 2010 (L.N. 151 of 2010) new.kenyalaw.org · read 4 Oct 2026