Kamanja & 2 others (Suing on their behalf and on behalf of the 26 workers of the Respondent) v Board of Management, Highway Secondary School (Cause 192 of 2018) [2023] KEELRC 1461 (KLR)
The bottom line
#A Kenyan court voided auctioneers' attachment of a public school's property because money judgments against government must be collected through a special statutory procedure, not seizure.
What this practically means
#Executive summary
#Key legal issues
#Legality of execution and proclamation against government assets
The proclamation and warrants of attachment were illegal because the claimants did not follow the mandatory procedure under Section 21 of the Government Proceedings Act and Order 29 of the Civil Procedure Rules; the warrants and proclamation were set aside.
The court accepted the applicants' argument that Section 21(4) of the Government Proceedings Act exempts government and governmental bodies from execution otherwise than as strictly circumscribed under the Act. Payment under a decree against government requires a certificate of costs served on the Attorney General, and where necessary mandamus, not attachment. The claimants offered no explanation for bypassing this procedure, so the warrants and proclamation were set aside with costs.
Whether the Court could lift the warrants and allow the application for review
The application was granted in its entirety.
Having found the execution process unlawful, the court recalled and set aside the warrants of attachment dated October 21, 2022 and the proclamation issued to the auctioneers, and granted the application with costs to the defendants.
Legal principles established
#- The law prohibits execution against and attachment of government assets; decrees against government must be executed strictly through the procedure in Section 21 of the Government Proceedings Act and Order 29 of the Civil Procedure Rules
Court orders
#- 1.The warrants of attachment dated October 21, 2022 and the Proclamation set aside
- 2.Costs of the application awarded to the defendants/applicants
- Jurisdiction invoked
- Not expressly invoked; application brought in pending cause under review provisions and the Government Proceedings Act (Cap 40)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamanja & 2 others (Suing on their behalf and on behalf of the 26 workers of the Respondent) v Board of Management, Highway Secondary School (Cause 192 of 2018) [2023] KEELRC 1461 (KLR)", Case Analysis (2023). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1461/eng@2023-06-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.