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MST v LNK [2025] KEHC 10285 (KLR)
The High Court declined to stay a Children’s Court order releasing part of the appellant’s pension for the children’s education, finding no basis to suspend maintenance.
EMK alias A v SSS;Standard Chartered Bank Limited (Garnishee) [2019] KEHC 11357 (KLR)
The court found that the respondent was under a continuing obligation to pay the applicant Kshs. 50,000 per month as ordered on 22.6.15, and that the order remained valid and enforceable. The respondent's default in payment justified execution proceedings, including garnishee proceedings. The court held that while pension funds are protected from attachment while held by the pension scheme, once credited to the respondent's bank account, they lose that protection and are available for attachment to satisfy court orders. The garnishee failed to fully comply with its obligations under the garni…
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Local Authorities Pension Trust Registered Trustees v C A O, J M M & R A M K [2018] KEHC 9575 (KLR)
The court found that while Section 36 of the Retirement Benefits Act generally protects pension funds from attachment, this protection is not absolute in the context of child maintenance. The best interests of the child, as enshrined in Article 53(2) of the Constitution and Section 4(2) of the Children Act, override other considerations, including statutory pension protections. The court noted that although the default in maintenance payment was due to the 1st Interested Party's illness and not wilful neglect, the obligation to maintain children remains paramount. The court further held that…
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S S S v E M K alias A S Y A [2017] KEHC 8933 (KLR)
High Court upheld garnishee orders against a pension account to enforce child-maintenance arrears, holding the Children Act permits attachment in default.
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