Jane Kendi Ikinyua v Nairobi City County; Co-operative Bank of Kenya Limited (Garnishee) [2020] KEELC 2161 (KLR)
The bottom line
#You cannot seize a county government's bank accounts to settle a court judgment in Kenya — your only route is a mandamus order compelling payment.
What this practically means
#Executive summary
#Key legal issues
#Whether execution/garnishee proceedings may issue against a county government's revenue accounts
They may not. Order 29 rules 2(2) and 4(1) of the Civil Procedure Rules 2010 and Section 21 of the Government Proceedings Act prohibit execution orders against the government, and counties enjoy the same immunity as the national government under Section 21(4) of the Government Proceedings Act.
The court relied on Order 29 rule 2(2)(b) which bars orders under Order 22 against the government, and rule 4(1) which bars attachment of debts due from the government. It adopted Mativo J's and Odunga J's statements that the only route to realize a judgment against the government is mandamus against the accounting officer. The garnishee order attaching revenue accounts at the garnishee bank therefore offended these provisions and the constitutional scheme for county revenue accounts under Articles 207(2) and (3).
Whether the preliminary objection dated 12th June 2018 should be upheld
Yes; it was upheld and the chamber summons dated 27th November 2017 dismissed with costs to the garnishee and the defendant.
Only the garnishee filed submissions; neither the decree holder nor the defendant responded. The court found the authorities conclusive that execution against the government is prohibited, that the garnishee order nisi attached an illusory or non-existent account, and that the chamber summons was premature and incompetent, warranting dismissal in terms of the preliminary objection.
Legal principles established
#- No execution orders may be issued against the government except in accordance with the Government Proceedings Act; garnishee orders do not lie against county government revenue accounts
- A judgment creditor barred from executing against the government may only realize the judgment through mandamus
Court orders
#- 1.The preliminary objection dated 12th June 2018 is upheld
- 2.The chamber summons dated 27th November 2017 is dismissed
- 3.Costs of the chamber summons awarded to the garnishee and the defendant
- Jurisdiction invoked
- Original jurisdiction over garnishee/execution proceedings; preliminary objection under Order 29 rule 2 and 4 of the Civil Procedure Rules 2010 and Section 21 of the Government Proceedings Act (specific enabling provision not stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jane Kendi Ikinyua v Nairobi City County; Co-operative Bank of Kenya Limited (Garnishee) [2020] KEELC 2161 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2161/eng@2020-06-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.