Collins Gathigia Wachira :
⚖️SEEKING LEGAL ADVICE – DECREE ENFORCEMENT & PARTIAL PAYMENT
I am seeking professional legal advice regarding enforcement of a court judgment/decree.
A judgment was entered in my favour. The judgment debtor, through her advocate, made a partial payment, but there was no court order and no agreement signed by me approving payment by instalments.
After the partial payment, the advocate sent me the following message:
“Kindly get legal advice of payment of any decretal amount. My client could even pay you 10,000 per month and nothing you can do about it. I actually pushed her. However, if you feel that was little, reverse that amount to our office and pursue it in another way.”
I would like to understand:
🔹 Can a judgment debtor unilaterally decide to pay KSh 10,000 per month when there is no court order approving instalments?
🔹 Does accepting a partial payment automatically mean that the judgment creditor has accepted an instalment arrangement?
🔹 What is the correct procedure for enforcing the outstanding decretal balance?
🔹 Should the partial payment be treated as payment towards the decree rather than an agreement to settle by instalments?
🔹 What should a judgment creditor do when the debtor's advocate says, “nothing you can do about it”?
I am not asking anyone to attack or harass the advocate or the judgment debtor. I am simply looking for guidance from qualified Kenyan advocates or people with genuine experience in Small Claims Court judgment enforcement.
If you are a Kenyan advocate experienced in decree execution, Small Claims Court matters, or judgment enforcement, kindly advise me on the proper legal procedure.
📩 Serious ,
@Nderu Kiai
2026-08-17 15:30:38