https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12398

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAIROBI** **MILIMANI HIGH COURT** **HCCC MISC. NO. E516 OF 2026** **VINTAGE LIQUOR & WINE LIMITED................APPLICANTS** **VS** **THE DISTRIKT ALLURE LIMITED** **EDWARD HADDY NAVWANI KISALI** **AND OTHERS..............................................RESPONDENTS** **RULING** 1. Before this Court is the Notice of Motion dated 7th April 2026 brought under Order 22 Rule 31 of the Civil Procedure Rules, Section 38 (d) of the Civil Procedure Act and all other enabling provisions of the Law. 2. The Applicant seeks the following orders; THAT 3. This Court issue a Notice to Show Cause why the 2nd and 3rd the Judgment Debtors/Respondents should not be committed to Civil Jail for non-compliance of this Court’s orders. 4. This Court to issue warrants of arrest against the 2nd and 3rd the Judgment Debtors/Respondents herein and commit them to jail for six months until the full payment of the decretal amounts and costs are paid. 5. The OCS Central Police Station to effect the warrants of arrest issued. 6. That costs of this Application be borne by the Judgement debtors/Respondents. 7. The Application is supported by the affidavit of **VIVEK GOSRANI** who depones that a decree was entered by **the** **Small Claims Court in Milimani No. E8375 of 2023 (Vintage Liquor & Wine v. The Distrikt Allure Limited & 2 others )** on 30th November 2023 for a decretal sums plus costs of Kshs. 410,921.27/= together with interests against the Judgement Debtor/Respondents. 8. The Applicant avers that despite numerous attempts at execution, including attachment of movable property and other lawful modes of execution, the decree has remained wholly unsatisfied prompting moving to this Honourable court to change the mode of execution to committal to civil jail. It was further deponed that credible information indicates that the Judgment Debtors are contemplating relocating from the jurisdiction of this Court to defeat the Decree Holder’s action. **Analysis and Determination** 1. Section 38 of the Civil Procedure Act provides that before a person may be committed to civil jail, the Court must first be satisfied that the judgment debtor has or has had since the decree sufficient means to satisfy the decree but has refused or neglected to do so. 2. The statutory scheme under Order 22 similarly contemplates issuance of a Notice to Show Cause before any order of arrest may issue. 3. The Notice to Show Cause therefore serves as the procedural safeguard through which the Court affords the Judgment/Debtor an opportunity to demonstrate inability to pay or any other lawful reason why detention should not follow. 4. In the case of **Charles Lutta Kasamani v Concord Insurance Co. Ltd & Another [2018] (KEHC) 8952 eKLR**, the Court observed that detention for civil debt is constitutionally permissible only where the debtor has the means but deliberately refuses to honour the decree. 5. This Court notes that it is only upon inquiry when the debtor has appeared before Court pursuant to a Notice to Show Cause that a warrants of arrest can issue. 6. I am therefore satisfied that the threshold for issuance of the Notice has been met but decline to issue warrants of arrests at this stage. **Disposition** 1. Accordingly, the Notice of Motion dated 7th April 2026 is hereby allowed to the following extend; 2. A Notice to Show Cause shall issue requiring the Judgment Debtors to personally appear before this Court on a date to be fixed by the Deputy Registrar to show cause why they should not be committed to civil jail in execution of the decree issued by the **Small Claims Court in SCCCOMM No. E8375 of 2023.** 3. The Notice shall be personally served upon the Judgment Debtors together with this ruling not less than seven (7) days before the scheduled hearing. 4. The Applicant shall file and serve an affidavit of personal service before the hearing date. 5. Upon appearance, the Court shall examine whether the Judgment Debtor has or has had since the date of the decree sufficient means to satisfy the decree and has wilfully refused or neglected to do so, and shall thereafter determine whether the conditions set out in Section 38 of the Civil Procedure Act have been satisfied. 6. Costs of the Application shall abide the outcome of the Notice to Show Cause proceedings. It is so ordered **DATED, SIGNED AND DELIVERED VIRTUALLY THIS 31ST DAYOF JULY, 2026** **A.M. OKUTOYI** **JUDGE** In the presence of: **Mr. Mungai for the Applicant.** **N/A -Respondents.** **Court Assistant: Ms. Mokeira.**