What property can't be taken to pay a court debt?
Civil Procedure Act · sources read 3 Oct 2026
When a court judgment is enforced, almost everything the debtor owns can be attached and sold, but not their necessary clothing, cooking pots, beds and bedding, the tools of their trade, a right to future maintenance, government pensions, or two thirds of their salary.
- Where
- The court that gave the judgment and is executing it (in the same case file)
Steps
- If items are listed for attachment, point out the ones the law protects: necessary clothing, cooking vessels, beds and bedding of you, your spouse and children.
- Also point out the tools and implements you need to do your trade or profession. These are protected too.
- If there is a dispute about what can be attached, raise it with the court that is executing the judgment, in the same case. It is decided there, not by filing a separate suit.
- If a government pension or a right to future maintenance is targeted, tell the executing court: these cannot be attached.
Watch out
- Property held in someone else's name but on the debtor's behalf can still be attached.
- Only two thirds of a salary is protected, so the rest can be attached.
- For farmers, the protection for livestock (first KSh 10,000), farm tools and machinery (first KSh 5,000) and produce (first KSh 1,000) is capped at old shilling values the Act still uses.
Who this covers
- Anyone a court decree or enforceable order has been made against (a judgment debtor).
Official sources (1)
- Civil Procedure Act (Cap. 21) new.kenyalaw.org · read 3 Oct 2026