Kenya Court Warrants and Court Order Executions
Kenya Court Warrants Executions, Kenya Court Order Executions
Is the act of getting an officer of the court to take possession of the property of a losing party in a lawsuit (judgment debtor) on behalf of the winner (judgment creditor), sell it on a Public Auction through competitive bidding and use the proceeds to pay the judgment. The procedure is to take the judgment to the Executive officer of the court and have a writ of execution(Court Warrant) issued which is taken to the Auctioneer with instructions on what property to execute upon. In the case of real property the official must first levy (place a lien on the title), and then execute upon it (seize it.) However, the judgment debtor (loser in the lawsuit) may pay the judgment and costs before sale to redeem real estate. This is one of the creditor's rights.
The process whereby an officer of Court, usually an Auctioneer, is directed by an appropriate judicial court order to seize and sell as much of a debtor's nonexempt property as is necessary to satisfy a court's monetary judgment by issuing a court warrant or issuing a court eviction order is regarded as a Court Execution.
Court Execution is achieved through a legal device known as a Court order of execution. The court order serves as proof to the property owed by the defendant, who is called the Judgment Debtor, to the plaintiff, or Judgment Creditor. The writ of execution commands an officer of the court, usually an Auctioneer, to take the property of the debtor to satisfy the debt. Ordinarily, a writ of execution cannot be issued until after an appropriate court issues a judgment or decree determining the rights and liabilities of the parties involved.
Court Executions with regard to seizures of property, executions are authorized in any action or proceeding in which a monetary judgment is recoverable and in any other action or proceeding when authorized by statute. For example, the victim of a motor vehicle accident may institute a civil lawsuit seeking damages from another party. If the plaintiff wins the lawsuit and is awarded money from the defendant as a part of the verdict, the court may authorize an execution process to pay the debt to the plaintiff by issuing a Court Warrant.
Items immune to Execution as per the Laws of Kenya
Any type of Personal Property is subject to seizure under an execution, provided existing laws do not prescribe specific exemptions. Such property may include jewelry, money, and stocks. In most states, real property, including land, is also subject to execution. Intellectual Property, which includes Patents, copyrights, and Trademarks, is generally immune to execution.
All property belonging to a judgment debtor, including property over which or over the profits of which he has a disposing power which he may exercise for his own benefit, whether that property is held in his name or in the name of another but on his behalf, shall be liable to attachment and sale in execution of a decree:
Provided that the following shall not be liable to attachment or sale -
(i) the necessary wearing apparel, cooking vessels, beds and bedding of the judgment-debtor and of his wife and children,and those personal ornaments from which, in accordance with religious usage, a woman cannot be parted;
(ii) the tools and implements of a person necessary for the performance by him of his trade or profession;
(iii) where the judgment-debtor is an Agriculturalist -
(a) the first ten thousand shillings in value of his livestock,if any; and
(b) the first five thousand shillings in value of all implements, tools, utensils, plant and machinery used in connection with stock or dairy farming or in the production of crops or plants; and
(c) the first one thousand shillings in value of agricultural produce necessary to enable him to earn his livelihood;
(iv) books of accounts;
(v) stipends and gratuities allowed to pensioners of the Government, or payable out of a service family pension fund notified in the Gazette by the Minister, and political pensions;
(vi) two thirds of the salary of public officer or other person in employment;Property liable to attachment and sale in execution of adecree.
An execution on a judgment is typically issued by the Executive officer of the court in which the judgment was rendered. The Executive officer of the court cannot issue an execution unless directed to do so by the judgment creditor or the judgment creditor's attorney. The time within which an execution must issue varies from one jurisdiction to another. The writ must be delivered to the Auctioneer or his or her deputy before it can properly be said that the writ has been issued.
The levy of the execution is the act by which the officer of the court appropriates the judgment debtor's property to satisfy the command of the writ. The levy must be made by an officer duly qualified to act under the terms of the writ. In many instances, the judgment debtor has the right to select and indicate to the officer the property upon which the levy is to be made.
An execution creates a lien that gives the judgment creditor qualified control of the judgment debtor's proclaimed property. In most jurisdictions, an execution lien binds proclaimed property, personal or real, that is subject to levy.
After the Auctioneer has levied a proclamation on the property, it is her or his duty to sell the property seized. An execution sale is a sale of property by an Auctioneer as an officer acting under the writ of execution. An execution sale should be conducted so as to promote competition and obtain the best price. An auctioneer as an agent to sell the property, in order to procure the most favorable price and to collect the proceeds.
Execution against a person is by writ of capias ad satisfaciendum (Latin for "to take the body to court to pay the debt"). Under this writ, the Court Bailiff (Auctioneer) after being issued with a Court order from a court of law, arrests and hands over the defendant to a Court of law issuing the order, for civil jail imprisonment until the defendant satisfies the judgment or is discharged from doing so. Such an execution is not intended as punishment for failure to pay the judgment. It is permitted for the purpose of compelling the debtor to reveal property fraudulently withheld from his or her creditor and from which the judgment can be satisfied.
In most jurisdictions, defendants in lawsuits based on contracts are not subject to body executions unless they have committed Fraud.
"Under the Kenya statutes, imprisonment for debt has been abolished entirely".
Statutes providing for the issuance of body executions to enforce judgments handed down in civil suits ordinarily do not conflict with provisions against imprisonment for debt. Among the civil, or tort, actions in which the writ is generally allowed are those involving fraud or deceit, and those for neglect or misconduct in office or professional employment. A body execution is also generally proper in actions to recover for injuries to person or reputation, including Libel and Slander, and in actions to recover for Malicious Prosecution.
Execution of Court Warrants in Kenya
This is the seizure of assets pursuant to Court warrants
of attachment issued by the commercial courts following litigations in civil matters. Here the Courts award the successful litigant amounts of money in form of a judgement against the losing litigant in a commercial dispute. In the event the party against whom the judgement has been made fails to pay the claim, the Court may cause execution of its decree by ordering attachment of the assets of the defaulting Judgement debtor upon application by the decree holder.
Lolwe Auctioneers are experts in the field of executing court warrants of attachment of property. We have over the years offered this service to reputable law firms acting on behalf of their clients. We offer speedy services which ensures the Decree holder enjoys the fruits of his litigation at the earliest time possible. We frequently and correctly update our clients in the happenings on the matters placed with us and at the same time give utmost attention to the matter at hand.
We strive to deliver the desired results. Honesty and openness are our strongest virtue in our undertakings. We understand the high level of trust vested on us by our clients in allocating their matters to us and work very hard to seeing to it that we reciprocate by delivering the desired results.
Our Jurisdiction as far as Court Warrants and Court Order Executions are concerned:
We are licensed to carry out Court Executions in Nairobi, Kiambu, Kajiado and Machakos Counties. Other areas are subject to Authority in Writing by the local courts to us in various jurisdictions.
We have executed court warrants instructed by the following Law firms amongst others:
- Iseme Kamau & Maema Advocates
- Daly & Figgis Advocates
- Migos - Ogamba & Company Advocates
- Ochieng’, Onyango, Kibet & Ohaga Advocates
- Maina Makome & Company Advocates
- Walker Kontos Advocates
- Biwott Korir & Company Advocates
- Mboya & Wang’ong’u Advocates
- Muriuki Njagagua Advocates
- S.M Muhia & Company Advocates
- O.P. Ngoge & Company Advocates
- Waruhiu, K’Owade & Ng’ang’a Advocates
For all Court executions and Court Warrants executions, Contact us.