Recognition and enforcement of foreign judgments in Kenya is governed by statutes, treaties, and the common law.

Statute

The primary statute that governs the enforcement of foreign judgments in Kenya is the Foreign Judgement (Reciprocal Enforcement) Act, CAP 43 of the Laws of Kenya. The Act only applies to the enforcement of judgments originating from countries outside Kenya that accord reciprocal treatment to judgments given in Kenya.

Kenya has reciprocal arrangements with the following eight (8) nations: Australia, Malawi, Seychelles, Tanzania, Uganda, Zambia, the United Kingdom, and the Republic of Rwanda

Treaty

Kenya has adopted the Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters. This Convention applies to decisions rendered in civil or commercial matters by the courts of contracting States. Some of the contracting and signatories to this Treaty include Albania, Cyprus, Kuwait, Netherlands and Portugal.

Common Law

In the absence of a reciprocal enforcement arrangement, a foreign judgment from a non-reciprocating state is enforceable in Kenya as a claim in common law.

General requirements for enforcement of foreign judgments

• The foreign judgment must be final and have no conflict with prior judgments.
• The judgment of a foreign court that cannot be enforced by execution in that state’s court cannot be enforced by a Kenyan court.
• The foreign court must have had jurisdiction over the defendant.
• The defendant must have been given notice of the court proceedings against him in conformity with the rules of natural justice and due process of law.
• The foreign judgment must not be contrary to Kenyan public policy.
• The foreign judgment is only enforceable within six years of the date of judgment or six years after the last judgment where there may have been appeals from the original judgment.

Conclusion

With the right legal guidance it is possible to successfully enforce foreign judgment in Kenya. Engaging an advocate in this procedure not only ensures that you comply with the relevant laws but also streamlines the process.

Should you have any queries or require any further information, please contact us at info@cfllegal.com.