Kenya Civil Procedure Law:What is a Judgement?

Once judgment is written, there is a procedure of extracting the decree.  Trials of civil proceedings do not end in judgment there is a subsequent step which is important.  This distinguishes whether your client has won theoretically.  One applies for execution of the judgment, enforcement of a right that has been acquired.  One must applyfor the decree to be executed.

What mode of execution does one adopt, if one has an injunction, it will depend on what one wants to enforce, it could be attachment of property or winding up.  Execution proceedings are very important.Another party may appear at the execution stage i.e. claiming to have an interest in whathas been attached, or where the attached property is not in the hands of the Judgment debtor. 

Proceedings take place,Acting for the Defendant – one may want to appeal the decision you go to court to ask fora stay of execution, one of the mistakes which we make is to assume that if judgmenthas been passed and one wants a stay of execution, one must go to the court dealing with appeals. Not always, where one is applying to set aside, one must know the right procedures. One has to identify the rightorder, this is not appealing or setting aside so one cannot apply for a stay.Costs:If judgment is entered in default of appearance and defence one goes for a certificate of costs to enable execution.  These are costs that have been certified by the registrar and a certificate issued in respect of uncontested cases.Judicial Review Order 53Ganishee Proceedings – where one has a decree but property of the judgment debtor isnot in the hands of the judgment debtor.