Section 3 of Foreign Judgments Reciprocal Enforcement Act CAP 43: Judgments to which the Act applies

(1) Subject to subsections (2) and (3), this Act applies with respect to -
(a) a judgment or order of a designated court in civil proceedings whereby a sum of money is made payable, including an order for the payment of a lump sum as financial provision for, or maintenance of, a spouse or a former or reputed spouse or a child or other person who is or was a dependant of another;
(b) a judgment or order of a designated court in civil proceedings under which movable property is ordered to be delivered to any person, including an order for the delivery of movable property as part of a scheme for the provision for, or maintenance of, a spouse or a former or reputed spouse or a child or other person who is or was a dependant of another;
(c) a judgment or order of a designated court in criminal proceedings for the payment of a sum of money in respect of compensation or damage to an injured person or for the delivery of movable property by way of restitution to an injured person;(d) a judgment given in any court on appeal against a judgment or order of a designated court referred to in paragraphs (a) to (c);
(e) a judgment of a designated superior court for the costs of an appeal from a subordinate court, whether or not a designated court, or from an award referred to in paragraph (f); and
(f) an award in arbitration proceedings, if the award has, under the laws in force in the country where it was made, become enforceable in the same manner as a judgment given by a designated court in that country.
(2) This Act applies to a judgment referred to in subsection (1) if it -
(a) requires the judgment debtor to make an interim payment of a sum of money to the judgment creditor; or
(b) is final and conclusive as between the parties thereto, but a judgment is deemed to be final and conclusive notwithstanding that an appeal may be
pending against it, or that it may still be subject to appeal, in the courts of the country of the original court.
(3) This Act does not apply to a judgment or order -
(a) whereby a sum of money is payable or an item of movable property is deliverable in respect of taxes or other charges of a similar nature or in respect of a fine or other penalty;
(b) to the extent to which it provides for the payment of a sum of money by way of exemplary, punitive or multiple damages;
(c) for the periodical payment of money as financial provision for, or maintenance of, a spouse or a former or reputed spouse or a child or other person who is or was a dependant of the person against whom the order was made;
(d) in a matrimonial cause or matter, or determining rights in property arising out of a matrimonial relationship, not being a judgment referred to in paragraph (a) or (b) of subsection (1), whereby a sum of money is payable or item of movable property deliverable;
(e) in proceedings in connection with the custody or guardianship of children;
(f) in proceedings concerning the administration of the property or affairs of a person who is incompetent or incapable of managing and administering his property and affairs;
(g) in a matter of succession to, or administration of, estates of deceased persons whereby a sum of money is payable or movable property is deliverable;
(h) in a matter of social security or public assistance whereby a sum of money is payable by or to a public authority or fund;
(i) in bankruptcy proceedings or in proceedings for the winding-up or re-organization of a corporation or in proceedings for judicial arrangements, compositions or similar matters;
(j) in proceedings relating to damage, death or injury caused by occurrences involving nuclear matter or the emission of ionising radiation;
(k) of a designated court in any proceedings if -
(i) the bringing of those proceedings in that court was contrary to an agreement, or to an instrument in respect of which the proceedings were instituted, whereby the dispute, or the proceedings, were to be settled otherwise than in the courts of the reciprocating country; and
(ii) those proceedings were not brought in that court by, or with the agreement of, the person against whom the judgment was given;
(iii) that person did not counterclaim in the proceedings or otherwise submit to the jurisdiction of the court;
(l) which is regarded for the purposes of its enforcement as a judgment of a designated country but which was given in another country;
(m) given by a designated court in proceedings founded on a judgment of a court in another country and having as their object the enforcement of the latter judgment.

More Sections

Section 4 - Jurisdiction

(1) In proceedings in which it is necessary for the purposes of this Act to determine whether a court of another country had jurisdiction to adjudicate upon a cause of action, that court shall,...

Section 5 - Application

(1) Where a judgment to which this Act applies has been given in a designated court, the judgment creditor may apply to the High Court to have that judgment registered within six years of the date of...

Section 6 - Registration

(1) Where, on an application under section 5(1), the High Court is satisfied as to the proof of matters required by this Act and any rules of court, it shall, subject to this Act, order the judgment...

Section 7 - Currency in which judgments payable

(1) Where a sum payable under a judgment which is to be registered under this Act is expressed in a currency other than the currency of Kenya, the judgment may be registered as a judgment for a sum...

Section 8 - Effect of registration of judgments

(1) Subject to this Act, a registered judgment shall, for the purposes of execution, be of the same force and effect as a judgment of the High Court entered at the date of registration. (2) Subject...

Section 9 - Garnishee orders

(1) At the time of, or at any time subsequent to, making an application for registration under section 5, the applicant may apply ex parte to the High Court for an order that all debts, obligations...

Section 10 - Setting aside

(1) Where a judgment has been registered under this Act an application may be made by the judgment debtor that the judgment be set aside on any of the grounds set out in subsection (2) or (3), and if...

Section 11 - Effect of appeals, etc.

(1) An application may be made by or on behalf of the judgment debtor to set aside the registration of a judgment on the ground that- (a) an appeal is pending against the judgment; or (b) he is...

Section 12 - Effect of setting aside in certain cases

(1) Where the registration of a judgment is set aside - (a) under section 11; or (b) solely for the reason that the judgment was not at the date of application for registration enforceable by...

Section 13 - Extension of Act

(1) Where the Cabinet Secretary is satisfied that provisions which are substantially reciprocal will be or have been made by a country outside Kenya for the enforcement therein of judgments given by...

Section 14 - Special provision with respect to non-Commonwealth countries

The Cabinet Secretary may, in order to give effect to an agreement between Kenya and any country, other than a Commonwealth country, in relation to the enforcement of judgments, make, in the order...

Section 15 - Rules of court

The Chief Justice may make rules of court prescribing any matters necessary or expedient for the purposes of this Act and, without prejudice to the generality of the foregoing, rules of court...

Section 16 - Certificates

(1) Subject to this section, where a judgment under which a sum of money is payable or item of movable property is deliverable has been entered in a superior or subordinate court in Kenya against any...

Section 17 - Exclusion of certain proceedings

(1) No proceedings, other than proceedings by way of a judgment or by way of execution of a judgment so registered, shall be entertained by any court in Kenya which are brought by a judgment creditor...

Section 18 - Recognition of certain foreign judgments

(1) Subject to this section, a judgment of a designated court shall be recognised in any court in Kenya as conclusive between the parties thereto, as to the matter adjudicated upon, in all proceedings...

Section 19 - Repeal and transitional provisions

(1) Spent (2) A judgment registered in the High Court under the repealed Act before the commencement of this Act shall be deemed to have been registered under this Act and anything done in relation...

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