Section 6 of Foreign Judgments Reciprocal Enforcement Act CAP 43: 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 to be registered.
(2) An order shall not be registered under subsection (1) if it appears to the High Court that—
(a) it has been wholly satisfied; or
(b) it could not be enforced by execution in the country of the original court.
(3) If it appears to the High Court that the judgment has been partly satisfied, the judgment may be registered under subsection (1) only in respect of the sums or the items of movable property remaining payable or deliverable.
(4) Where a judgment for the payment of a sum of money is satisfied in part by payment in a currency other than the currency of Kenya, the extent to which the registered judgment has been satisfied shall, for the purposes of subsection (3), be calculated on the basis of the rate of exchange prevailing at the date or dates of payment of the relevant sum or sums.
(5) Where a judgment is not in all respects a judgment which may be registered under this Act but provisions of the judgment could, if they alone constituted the judgment of the original court, be so registered, the court may register those provisions of the judgment.

More Sections

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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