PJ Kakad Advocates LLP v National Bank of Kenya Limited & another (Environment and Land Judicial Review Case 16 of 2017) [2025] KEELC 5978 (KLR)
The bottom line
#Kenya's Environment and Land Court allowed a lawyer to attach National Land Commission bank accounts to recover Kshs. 2 million in unpaid fees.
What this practically means
#Executive summary
#Key legal issues
#Whether the notice of motion dated 19th December 2024 should be allowed
The application was allowed; funds in the garnishee's accounts were ordered attached to answer the decree on the certificate of taxation
The existence of the certificate of taxation dated 25th April 2023 for Kshs. 2,043,555 was not in dispute and the respondent admitted the debt. The respondent's claim that the monies were held in trust for acquiring bodies was rejected as an attempt to evade responsibility. In the absence of any response by the garnishee, the court was satisfied the garnishee was custodian of the accounts. The court relied on Nyandoro & Company Advocates v National Water Conservation & Pipeline Corporation, holding that a litigant is entitled to reap the fruits of judgment.
Legal principles established
#- A judgment-creditor may enforce an unsatisfied decree by garnishee proceedings against funds held by the garnishee for the judgment-debtor, even where the debtor is a commission.
Court orders
#- 1.All funds held by National Bank of Kenya, Hill Plaza Branch, in the stated accounts due and owing to the judgment creditor be attached to answer the decree on the certificate of taxation dated 25th April 2023 for Kshs. 2,043,555/-
- 2.The garnishee to attend court on 05/11/2025 to show cause why it should not pay or deposit monies due and owing to the judgment creditor in satisfaction of the decree and costs of the garnishee proceedings
- 3.The applicant is entitled to costs of the application
- Jurisdiction invoked
- Order 23 Rules 1 and 2 of the Civil Procedure Rules and Sections 1A, 1B and 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "PJ Kakad Advocates LLP v National Bank of Kenya Limited & another (Environment and Land Judicial Review Case 16 of 2017) [2025] KEELC 5978 (KLR)", Case Analysis (2025). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5978/eng@2025-09-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.