ADVOKS GLOBAL · KENYA
Civil Procedure Act
44. Property liable to attachment and sale in execution of a decree
Edition: 2022-12-31 · In force
44. Property liable to attachment and sale in execution of a decree
(1)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;(v)a right to sue in damages;(vi)a right of personal service;(vii)stipends and gratuities allowed to pensioners of the Government, or payable out of a service family pension fund notified in the Gazette by the Cabinet Secretary, and political pensions;(viii)two thirds of the salary of public officer or other person in employment;(ix)a contingent or possible right or interest, including an expectancy of succession by survivorship;(x)a right of future maintenance;(xi)any fund or allowance declared by law to be exempt from attachment and sale in execution of a decree.(2)Nothing in this section shall affect the provisions of the Kenya Defence Forces Act (Cap. 199) or of any similar law for the time being in force.