Board of Trustees, National Water Conservation and Pipeline Corporation (NWCPC) Superannuation Scheme v Eldama Ravine Water & Sewerage Company Limited;Kenya Commercial Bank Limited (Ganishee) [2019] KEELRC 1938 (KLR)

Summary at a glance

Facts

The claimant sought a garnishee order against the respondent's bank accounts to satisfy a judgment debt. The respondent argued the application was incompetent and that the Government Proceedings Act prohibited attachment of government property.

Issues

• Whether the respondent is a government agency or subsidiary protected under the Government Proceedings Act.
• Whether the respondent's bank accounts can be garnished to satisfy the judgment debt.

Reasoning

The court found the respondent to be a limited liability company and not a government agency or subsidiary, thus not protected under the Government Proceedings Act. The court confirmed the garnishee order and released the respondent's bank accounts to the claimant.

Outcome

The respondent's objections were found without merit, and the property held by the garnishee for the respondent shall be released to the claimant in satisfaction of the judgment debt.

Orders

• The respondent's objections are found without merit.
• The property held by the garnishee for the respondent shall be released to the claimant in satisfaction of the judgment debt.

Remedies

• The respondent shall meet the costs due to the claimant and those of the Garnishee.

Authorities cited