SNM v MWM
The bottom line
#If the country issuing a foreign judgment isn't on the approved list, you must file a new lawsuit to enforce it in Kenya.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to adopt and enforce a foreign judgment from a non-designated country
The court cannot adopt and enforce such a judgment by way of a notice of motion for registration; the correct procedure is a fresh common law action by plaint.
The Foreign Judgments (Reciprocal Enforcement) Act Cap 43 permits registration only of judgments from designated reciprocating countries, which do not include the United States. For non-designated countries, the common law route applies: the judgment creditor must file a plaint claiming the judgment debt, exhibit a certified copy of the foreign judgment, and satisfy the requirements set out in Jayesh Hasmukh Shah v Navin Haria, including foreign court competence, finality and conclusiveness under Section 9 of the Civil Procedure Act.
Legal principles established
#- In the absence of a reciprocal enforcement arrangement, a foreign judgment is enforceable in Kenya as a claim in common law, requiring the filing of a plaint claiming the judgment debt rather than registration.
- An action for enforcement of a foreign judgment must be brought in Kenya within 12 years of the date of that judgment under Section 4(4) of the Limitation of Actions Act.
Court orders
#- 1.Dismissal of the notice of motion dated 19/11/2018 with no orders as to costs
- Jurisdiction invoked
- Article 165(3) of the Constitution of Kenya, 2010; Section 3 of the Judicature Act Cap 8; Section 9 of the Civil Procedure Act Cap 21
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "SNM v MWM", Case Analysis (2019). Notice of motion dated 19/11/2018. Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.