Garnishee proceedings target a debt owed to the judgment debtor

Garnishee proceedings in Kenya allow a decree-holder to reach money that a third party—the garnishee—owes to the judgment debtor. The familiar example is a credit balance in a bank account, but the legal idea is wider: the target is an identifiable debt due or accruing due from the garnishee, not simply an organisation that has dealt with the debtor.

This distinction decides whether the application is useful. A bank cannot pay money that is not standing to the debtor’s credit. A customer does not become a garnishee merely because invoices were issued; the alleged receivable may be disputed, conditional, assigned or already paid. Good garnishee work begins with evidence that a debt exists and with the correct legal identities of all three participants.

The procedure is part of execution after a decree. If the creditor is still proving the underlying claim, begin with the appropriate claim or demand letter. For a comparison with other post-judgment routes, use the judgment-enforcement roadmap.

Identify the attachable debt before filing

Record why the proposed garnishee owes money to the judgment debtor. For a bank account, obtain reliable account and holder details lawfully. For trade receivables, assemble the contract, accepted delivery records, invoices, statements, acknowledgments and due dates. For rent or another recurring payment, establish the underlying relationship and whether payment has accrued.

Confirm the judgment debtor’s exact name and legal form against the decree. A director’s personal account does not answer a company decree. An account belonging to an affiliate, spouse or trading partner is not attachable solely because the debtor can influence it. Misspellings and old business names can also cause service and identification failures.

Test whether the third party’s obligation is genuinely a debt. Money held on trust, a disputed claim, an undrawn facility, a contingent payment or an overdrawn account may not be a straightforward debt due to the judgment debtor. Existing assignment, set-off, lien, security or court orders may affect what is available. The affidavit should disclose known complications rather than presenting a gross invoice figure as cash ready for attachment.

Reconcile the decree separately from the garnishee debt

Prepare two calculations. The first is the amount lawfully outstanding under the decree: principal, awarded or taxed costs, applicable interest and credits. The second is the amount believed to be owed by the garnishee. The court can only direct payment within the enforceable judgment balance, even if the third-party debt is larger.

Use the sealed decree, judgment, certificate of costs where relevant, payment ledger and any stay orders. State previous execution recoveries. If several garnishees are approached, show how double recovery will be prevented. The decree-holder remains responsible for updating the court when payment is received from any source.

Check the procedural life of the decree. Section 4(4) of the Limitation of Actions Act contains the statutory periods relevant to an action upon a judgment and arrears of judgment interest. Older decrees require an early limitation review as well as consideration of any notice required by the execution rules.

The order nisi preserves the alleged debt pending a hearing

Order 23 rule 1 of the Civil Procedure Rules, 2010 allows the court, on the ex parte application of a decree-holder and before or after oral examination of the debtor, to order attachment of qualifying debts owing from a garnishee to the judgment debtor. The initial order is commonly called an order nisi because it is provisional and calls for a later decision.

The application should identify the decree, balance, garnishee, judgment debtor and alleged debt with enough precision for compliance. Ask for no more than the amount needed to answer the decree and costs. Supporting evidence should explain the information source. A bare statement that the debtor “operates accounts” or “does business” with the proposed garnishee may not establish a debt.

Under Order 23 rule 1(2), the order nisi must be served on the garnishee and judgment debtor at least seven days before the hearing. Treat that as a minimum procedural safeguard, not a target that excuses late or ambiguous service. Serve the correct bank office, company or public body in the manner ordered, and retain a complete affidavit of service.

Service changes the garnishee’s position

Order 23 rule 2 states the effect of service of the order nisi: it binds the debts in the garnishee’s hands to the extent specified by the rule. The served garnishee must therefore identify the relevant obligation and avoid dealing with the attached amount inconsistently with the order. Internal escalation matters, particularly for banks and companies with central legal teams.

The order should be read literally. It may identify named accounts, a maximum amount and a hearing date. A garnishee should preserve records showing receipt, the search undertaken, the result and any restriction applied. It should not freeze unrelated money or other customers’ property merely because names resemble one another.

The judgment debtor should immediately check the decree balance, account ownership, service, exemptions and any stay or satisfaction evidence. Removing or concealing funds after a binding order can worsen the dispute. A lawful objection belongs before the court with documents.

At the hearing, the court decides whether payment should be made

If the garnishee does not dispute the debt, Order 23 rule 3 permits the court to order payment to the decree-holder of the debt due from the garnishee, or enough of it to satisfy the decree and execution costs. The order absolute converts the provisional attachment into a payment obligation under the court’s direction.

The decree-holder should present proof of service and an updated balance. The garnishee should state the amount held or owed, the capacity in which it is held, and any lawful deductions, set-off or competing order. The judgment debtor may challenge ownership, quantum, satisfaction or procedural regularity. Accurate statements often narrow the hearing to a single issue.

Payment should follow the terms of the order—often through court or another stated channel—not an informal demand from one party. Obtain the court receipt or transfer evidence and update the execution ledger. If the payment satisfies the decree, record satisfaction and release any excess or restriction promptly.

A disputed garnishee debt may require a trial of liability

A garnishee is not required to admit a debt that is genuinely contested. Order 23 rule 4 allows the court to determine liability where the garnishee disputes indebtedness. That inquiry may require contracts, account statements, invoices, set-off records, assignment notices or witness evidence. The decree-holder must prove the third-party debt; the original judgment does not establish a separate obligation by the garnishee.

Consider commercial defences before filing. The proposed garnishee may say goods were rejected, milestones were not met, the account is overdrawn, payment was made, the receivable was assigned, or mutual debts reduce the balance. Evaluate whether the dispute is real and what procedural directions the court may need. Garnishee proceedings should not be used to force a complex unliquidated claim into a summary payment order.

If another person claims the attached debt, Order 23 rule 5 provides for that claimant to be summoned so the court can determine the claim. Obtain the assignment, trust, security or priority documents and their dates. A late-created document deserves scrutiny, but a genuine prior interest cannot be ignored simply because the decree-holder served first.

Special account and payment situations need separate analysis

A joint account raises ownership questions. The decree against one holder does not automatically establish that the whole balance is that holder’s property. Trust, client and stakeholder accounts likewise require proof of beneficial ownership. The account label, mandate, source of funds and governing agreement may all matter.

Salary and allowances engage statutory protections. Order 23 rule 1 itself excludes salary or allowance coming within section 44 of the Civil Procedure Act, and section 44 contains property protections that must be read before targeting personal income. Do not present a payroll department as an ordinary trade debtor without checking the applicable rule.

Money said to be owed by government cannot be treated like a private bank balance. Section 21 of the Government Proceedings Act regulates satisfaction of orders against government and restricts execution, attachment and analogous process against government property. Identify the actual public entity and governing payment route before naming it as garnishee.

Foreign-currency accounts, mobile-money holdings, merchant settlements and platform receivables require careful identification of the legal account provider and the nature of its obligation. Brand recognition is not proof of the contracting entity. Obtain current corporate and regulatory information, and avoid asking a court to bind an entity not shown to owe the debtor.

Documents for each participant

The decree-holder’s file should contain the judgment and decree, costs record, current balance, evidence of the third-party debt, application, affidavit, draft order, service material and a receipt ledger. Preserve the source date for bank or receivable information because balances can change.

The garnishee should retain the served order, time of receipt, account or contract search, internal hold record, statement of the relevant balance, set-off or priority documents and proof of any court-directed payment. An affidavit should be signed by a person who can explain the records, not merely repeat instructions.

The judgment debtor should assemble payment evidence, account ownership material, mandates, stay orders, settlement terms and any proof that funds are protected or belong to another person. Assertions about family money, trust funds or company separation need documents that pre-date the dispute.

Use garnishee proceedings only when the likely recovery justifies them

A well-supported garnishee application can be focused and effective because it intercepts value before it reaches the debtor. It can also fail quickly where the account is empty, overdrawn, misidentified or subject to stronger rights. Investigate first, calculate conservatively and keep an alternative enforcement plan.

If the third-party debt is uncertain but the debtor owns saleable property, attachment of assets may be the better route. If payment follows service or the parties agree instalments, document how the order will be varied, discharged or satisfied so the garnishee is not left under an obsolete restriction.

Request a review of proposed garnishee proceedings in Kenya with the decree, costs certificate, payment ledger, stay orders, debtor identifiers, proposed garnishee details and evidence of the third-party debt. The review should test attachability, service, competing claims and expected net recovery before the application is filed.

Frequently asked questions

What must a creditor prove before seeking a garnishee order in Kenya?

The creditor should prove an enforceable decree and current balance, identify the proposed garnishee and provide a factual basis for saying that the garnishee owes a debt due or accruing due to the judgment debtor. A commercial relationship or guess that an account exists is not the same as evidence of an attachable debt.

How much notice is given before the Kenyan garnishee hearing?

Order 23 rule 1(2) requires the order nisi to be served on the garnishee and judgment debtor at least seven days before the hearing. The actual order and any registry directions should be followed, and proper service must be proved.

What happens if the garnishee says it owes the judgment debtor nothing?

The court may determine the disputed liability under Order 23 rule 4. Contracts, statements, invoices, set-off, assignments and witness evidence may be required. The original judgment proves the debtor’s liability to the decree-holder; it does not by itself prove a separate debt from the garnishee.