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How to Attach and Freeze a Bank or Mpesa Account of Your Debtor: The Garnishee Process
The garnishee process is a legally recognized and efficient method of enforcing a judgment, allowing you to recover debts owed by a judgment debtor by targeting the debtor's financial assets. This process is only available once judgment has been entered in your favour, and you have reached the execution stage of the judgment.
Typically, the most common form of executing a judgment involves attaching the movable property and assets of the debtor through auctioneers. However, an equally effective and often swifter method of execution is provided for under the law, known as Garnishee Proceedings. This method allows creditors to compel financial institutions that hold funds for the debtor—such as banks, microfinance institutions, or mobile money platforms like Mpesa—to disclose and release those funds to satisfy the debt.
To initiate garnishee proceedings, you will file an application under a certificate of urgency, requesting the court to attach the debtor’s financial accounts. It is advisable to first seek ex parte interim orders—which means that the application is heard in the absence of the debtor—asking the court to issue a garnishee order nisi. This initial order freezes the debtor’s accounts, preventing any withdrawals or transfers. You must catch them unawares.
Once the garnishee order nisi is issued, it should be served on the headquarters of the bank or financial institution holding the debtor’s funds. The bank will freeze the account within hours of receiving the order. You will also serve the institution with a Hearing Notice, requiring them to appear in court to disclose the balance and the statements of the debtor’s accounts.
At the hearing, the court will review the matter and, upon satisfaction, issue a garnishee order absolute, directing the financial institution to release the attached funds to you. The court will also give directions regarding the costs of the proceedings, ensuring that the debt recovery process is not only effective but also expedient.
This method is particularly useful for creditors seeking a direct and straightforward means of recovering money owed to them, bypassing the often cumbersome process of attaching movable assets by way of auction.
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Disclaimer: This is not legal advice and should not be relied upon as such.
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