WACHIRA NDERITU, NGUGI & CO. ADVOCATES v CITY COUNCIL OF NAIROBI [2012] KEHC 5698 (KLR)
- Court
- High Court of Kenya
- Case number
- 5698
- Citation
- [2012] KEHC 5698 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Garnishee OrderCoramG.V. ODUNGA
Holding
The application is struck out but with no orders as to costs.
Facts
The applicant, Wachira Nderitu, NGUGI & CO. Advocates, seeks a Garnishee Order against the City Council of Nairobi and two co-operative banks to attach the deposit held in their accounts in satisfaction of the applicant's costs awarded in various civil applications.
Issues
- Whether the City Council of Nairobi is amenable to garnishee proceedings in respect of monies held in its credit.
- Whether garnishee proceedings are barred by Section 263A of the Local Government Act, Cap 265, Laws of Kenya.
Reasoning
The court holds that garnishee proceedings are barred by Section 263A of the Local Government Act, Cap 265, Laws of Kenya, as it is not possible to levy execution against the property of a local authority in settlement of a decree in a civil case. The only recourse available is to apply for mandamus against the Chief Officer of the Local Authority.
Outcome
Application struck out with no orders as to costs.
Authorities cited
Legislation (1)
- Local Government Act, Cap 265, Laws of Kenya
Cases cited (2)
- Total Kenya Limited vs. Kenya Railways Corporation
- Municipal Council of Kisumu vs. Neela Bhanubhai Patel T/A Chemhard Agencies
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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