Section 18 of Foreign Judgments Reciprocal Enforcement Act CAP 43: 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 (no matter by which of the parties in the designated court they are instituted) on the same cause of action and may be relied upon by way of defence or counterclaim in those proceedings.
(2) This section shall not apply in the case of a judgment which—
(a) has been registered and the registration thereof has been set aside on some ground other than—
(i) that a sum of money was not payable under the judgment; or
(ii) that the judgment had been wholly or partly satisfied; or
(iii) that, at the date of the application, the judgment could not be enforced by execution in the country of the original court; or
(b) has not been registered but it is shown that registration would have been set aside on an application for that purpose on some ground other than those specified paragraph (a).
(3) Nothing in this section shall be taken to prevent a court in Kenya recognizing a judgment as conclusive of any matter of law or fact decided therein under any other statutory provision in that regard or if that judgment would have been so recognised before the passing of this Act, but no such recognition shall be accorded, if it is sought in proceedings in respect of a different cause of action from that on which the judgment was given, until after the expiration of such period as appears to the court to be reasonably sufficient to enable any appeal in respect of the judgment to be instituted and disposed of by a competent tribunal; and the court may, on such terms as it thinks just, adjourn the proceedings until that time.
(4) For the purposes of this section "judgment" means—
(a) a judgment to which this Act applies whether or not it is registrable and, if registrable, whether or not it is registered; and
(b) any other judgment or order (by whatever name called) given in any civil proceedings which is final and conclusive between the parties, and the expression "final and conclusive" has the meaning assigned to it in section 3(2).