Secure Your Victory: The Ultimate Guide to Enforcing Judgments and Awards in Kenya
Venturing into the realm of legal enforcement in Kenya, where securing judgments and arbitration awards often presents a formidable challenge, can be an overwhelming experience for businesses and individuals alike. Achieving victory within the confines of a courtroom or through arbitration is merely the initial step; the substantial task involves the tangible realization of these victories—effectively collecting and enforcing the awarded judgments. Nonetheless, with the adept guidance and strategic methodologies employed by CR Advocates LLP, transforming these legal victories into actual gains becomes a streamlined endeavour. This guide is meticulously crafted to simplify the complexities surrounding the enforcement process, equipping you with the necessary insights and approaches to confidently pursue and retrieve what is legally yours.
Understanding the Enforcement Process
Enforcement of judgments and awards in Kenya follows a structured legal process governed by specific laws and regulations.
An arbitral award is final and binding upon the parties. The legal framework for the enforcement of an award is found in the Arbitration Act (the Act). The Act in section 36 gives power to the High Court to recognize and enforce domestic awards unless the High Court orders otherwise. The party relying on an arbitral award or applying for its enforcement must furnish the following documents;
a) original arbitral award or a duly certified copy of it
b) the original arbitral arbitration agreement or a duly certified copy of it
The application for enforcement of an award is made through Chamber Summons and supported by an affidavit.
Once the required documents have been presented to the High Court, it will determine whether the subject matter of the dispute is capable of settlement by arbitration under the law of Kenya and whether the recognition or enforcement of the arbitral award would be contrary to the public policy of Kenya. If the Applicant meets the conditions for recognition and enforcement of an Arbitral award under section 36 of the Act, the Court shall recognize and adopt the award as a judgment of the High Court. The Court will therefore grant leave to enforce the award as a decree of the High Court.
Key Steps for Successful Enforcement
Asset Identification: The first step in enforcing a judgment or award is to identify and locate the assets of the debtor. This might include real estate, bank accounts, and personal property.
Obtaining a Writ of Execution: Once the assets have been identified, the next step is to obtain a writ of execution from the court. This legal document authorizes the seizure of the debtor’s assets.
Asset Seizure and Sale: With the writ in hand, the next phase involves attaching (seizing) the assets and arranging for their sale, usually through a public auction.
Collection: The final step is collecting the proceeds from the sale of the assets and using them to satisfy the judgment or award.
Navigating Challenges
The enforcement process can present several challenges, including the debtor hiding assets, claiming exemptions, or the assets being insufficient to cover the full amount of the judgment or award. A strategic approach, often involving investigative techniques to uncover hidden assets and understanding the legal nuances of exemptions, is crucial to overcoming these hurdles.
Why Partner with CR Advocates LLP?
CR Advocates LLP brings unparalleled expertise and a comprehensive understanding of the Kenyan legal system to the table, ensuring your enforcement process is handled efficiently and effectively. Our team of seasoned lawyers specializes in navigating the complexities of asset identification, obtaining writs of execution, and executing asset seizure and sale with precision and legal acumen.
Leverage Expertise to Secure Your Legal Entitlements
In the intricate dance of legal enforcement, having CR Advocates LLP by your side is akin to having an expert choreographer guiding your every step. Our commitment to excellence and our strategic approach ensures that your legal victories translate into tangible outcomes.
Empower Your Legal Journey with CR Advocates LLP
Don’t let the complexities of enforcing judgments and awards in Kenya deter you from claiming what you’ve rightfully earned. Partner with CR Advocates LLP today, and take the first step towards securing your victory and safeguarding your future. Our team is ready to provide the expert guidance and support you need to navigate the enforcement process successfully.
“The information provided in this article is intended for general legal advice and does not constitute legal advice for any specific transaction or case. Since each transaction presents a unique legal context, it is advisable to retain a legal adviser for specific transactions.”
To contact CR Advocates LLP, send us an email at info@cradvocatesllp.com or call +254 714887777 or Book a strategy call HERE or direct message us on WhatsApp at your convenience. Our legal team will be happy to help you.