Enforcing judgments and foreign judgments: enforcement orders and the enforcement formula under Law No 22/2018, the 30-day voluntary phase, seizure, valuation and the electronic auction after the 2021 and 2024 amendments, bailiffs and their fees, the 2026 enforcement funds account, payment by the State within six months, and exequatur of foreign judgments in the Commercial High Court and the High Court

What can be enforced, and the enforcement formula

Execution in Rwanda is governed by the enforcement chapter of Law No 22/2018 of 29/04/2018 relating to the civil, commercial, labour and administrative procedure, which was substantially amended twice: by Law N° 025/2021 of 12/05/2021 (Official Gazette n° 18 of 17/05/2021), which reworked seizure, bailiffs and the electronic auction, and by Law Nº 007/2023 of 22/01/2024 (Official Gazette n° Special Bis of 08/03/2024), which changed valuation and auction notice and repealed Article 184. Guides written before 2024 do not reflect the current valuation and auction rules.

Only an enforcement order (inyandikompesha) can be executed. Article 241 lists the instruments that qualify; for business they include final judgments and judgments declared provisionally enforceable, arbitral awards (Article 241(3)), and out-of-court mediated agreements (Article 241(7)). Settlements recorded by the court in mediation or conciliation are enforceable as court orders (Mediation, conciliation and Abunzi). A tax notice of assessment is itself an enforcement order under the tax procedures law, and the Rwanda Revenue Authority recovers tax with its own powers (Tax administration, audits and disputes). An enforcement order is executed once it bears the enforcement formula, the standard wording the court adds to the instrument (Article 242).

An appeal suspends execution of a first-instance judgment unless the court ordered provisional execution (Article 159). Orders made in the summary procedure are provisionally enforceable without security, and a conciliation decision of the registrar is not subject to appeal, so both can be executed at once (Commercial litigation step by step).

The voluntary phase

Execution begins with a voluntary phase. The creditor, through a bailiff, notifies the debtor, who has 30 days to pay or to agree the terms of execution with the creditor. During this phase the debtor must disclose its assets. An agreement reached is itself an enforcement order and is published on the Database of Judgements Enforcement, the Ministry of Justice's electronic register of execution (Article 247). For a solvent commercial debtor the voluntary phase is often where recovery ends: an instalment agreement with acceleration on default, registered as an enforcement order, saves the cost and delay of seizure and auction.

The bailiff issues a certificate of amicable execution for a fixed fee of RWF 20,000 under the bailiff fee scale. A creditor should not agree terms without asset disclosure and without a default clause, because a defaulted voluntary agreement leads straight back to compulsory execution and the debtor will have had time to move assets.

Compulsory execution: seizure, valuation and the electronic auction

If the voluntary phase fails, the bailiff draws up a statement of seizure within 10 working days (Article 249). Seizure takes place in the presence of the owner or debtor and of the Executive Secretary of the Cell where the property is located (Article 217). Some property cannot be seized: Article 216 protects essential items and the protected portion of wages. Property held by third parties, including money in bank accounts and amounts owed to the debtor, and assets held by the State for the debtor, can be attached (Articles 227 and 228).

Since the 2024 amendment, seized property is valued by an expert from the Institute of Real Property Valuers within 15 days; the creditor, the debtor and the owner may challenge the valuation within 15 days of notification by a counter-valuation from another expert of the Institute, and where there is a counter-valuation the bailiff approves the average of all valuations as the reference value (Article 252). The bailiff publishes the auction notice within 48 hours of the end of the 15-day challenge period or of the approval of the average value, on the Database of Judgements Enforcement with a photograph and the title deed of the property, and also on radio or television and in a newspaper, with a copy posted at the Cell office for immovable property; the property may not be sold until 7 days after publication (Article 253).

The auction is electronic, by sealed bids on the Integrated Electronic Case Management System (IECMS). Where the reference price is RWF 5,000,000 or more, bidders lodge a bid security of 5% of the reference price stated in the auction notice, which the successful bidder deducts from the price and which is forfeited if it fails to pay in time (Articles 6 and 7 of Ministerial Order No 005/MOJ/AG/21 of 07/06/2021 relating to execution of enforcement orders). In the first and second rounds, a highest bid below 75% of the reference value may be declined; in the third round the property goes to the highest bidder (Article 255, as amended in 2021). The successful bidder pays within 72 hours. The Ministry of Justice trained non-professional bailiffs on the upgraded IECMS auction module in April 2025.

The 75% rule shapes negotiation. A debtor facing auction of a building knows that the third round can go for much less than the reference value, and a creditor knows that two rounds may pass without a sale. Both have an interest in a private sale or a settlement before the third round, and the procedure leaves time for it.

Bailiffs and what they charge

Execution is carried out by bailiffs under Law N°12/2013 of 22/03/2013 governing the bailiff function and Ministerial Order No 07/MOJ/AG/20 of 12/05/2020 on bailiffs' competence and forms. There are two kinds. Professional bailiffs belong to the Professional Bailiffs Association and are paid by fees; their appointment and discipline are regulated, and in 2024/25 orders dismissed 38 professional bailiffs and appointed 9. Non-professional bailiffs are public officials acting ex officio, including the Executive Secretaries of Districts, Sectors and Cells (Articles 3 and 50). A commercial creditor will usually instruct a professional bailiff, under a written mandate.

Fees follow Ministerial Order Nº 023/MOJ/AG/2017 of 23/10/2017 determining the scale of fees for professional bailiffs. For compulsory recovery the fee is 5% of the debt, with a minimum of RWF 300,000 and a maximum of RWF 15,000,000. A certificate of amicable execution costs RWF 20,000, and execution of an order of undetermined value costs up to RWF 1,000,000. The fee is charged to the losing party, but travel costs are excluded and agreed separately, and the creditor usually advances costs. Because the fee is capped, it falls as a percentage of large debts: on a debt of RWF 500,000,000 the 5% scale would give RWF 25,000,000, so the cap of RWF 15,000,000 applies, an effective rate of 3%.

The 2026 funds account

Ministerial Instructions N° 001/INSTR/MOJ/AG/26 of 07/05/2026 governing the management of funds arising from the execution of enforcement orders, published in the Official Gazette n° Special of 08/05/2026, require the proceeds to be paid into a dedicated account named 'PBA/Irangizwa ry'inyandikompesha' at Bank of Kigali, which is stated in the auction notice and is also given to a debtor who wishes to pay voluntarily (Article 3). Within 5 days of payment, the professional bailiff writes to the President of the professional bailiffs' association, with a copy to the Minister of Justice, requesting disbursement and attaching the beneficiaries' identities and bank accounts, the enforcement order, the execution report and the auction records (Article 5). The President passes the request within two working days to an ad hoc team in the Ministry of Justice, which decides within five working days whether the funds may be released (Article 8). The President then instructs the bank, which pays within 48 hours of receiving the instruction, and the balance after the identified beneficiaries goes to the owner of the property unless it has been validly seized (Article 9). Enforcement already under way when the Instructions came into force continues under the previous procedure (Article 13).

For creditors, this means the auction proceeds are traceable and paid on a fixed timetable; for debtors, it means the surplus on a sale above the debt is protected. A creditor should ask the bailiff for the payment instruction and the bank's confirmation, and a debtor whose property sold for more than the debt should check that the balance has been released.

Enforcing against the State and public bodies

A final money judgment against the Government, the City of Kigali, a District or a public institution 'must be paid within … six (6) months from the time of notification', and any amount that cannot be paid from the current budget is paid in the first six months of the next fiscal year (Article 183 of Law No 22/2018). Article 184, which provided sanctions against officials who failed to execute, was repealed by Law Nº 007/2023; a creditor may still ask the court to impose a penalty payment for delay in execution (Article 182). The Commercial Court has held that a claim to compel a public authority to execute an arbitral award falls within its jurisdiction (ERJB v Uwamariya, 14 December 2021).

In practice the six-month rule and the budget cycle are the creditor's main protection. A contractor or investor with a claim against a public body should serve the judgment or award formally, diarise the six-month date, and engage early with the Ministry of Justice and the debtor institution's finance department so that the amount is provided for in the next budget. Treaty awards against Rwanda follow the ICSID and New York Convention rules discussed in Investor-State disputes and treaty protection.

Foreign judgments: exequatur

Under Article 250 of Law No 22/2018, judgments of foreign courts and foreign authentic deeds are not enforceable in Rwanda 'unless they are rendered enforceable by the competent Court', save where treaties provide otherwise. The competent court is fixed by Law N° 30/2018 of 02/06/2018 determining the jurisdiction of courts: the Commercial High Court hears at first instance applications for exequatur of foreign judgments in commercial, financial and fiscal matters and of foreign authentic deeds (Article 82), and the High Court hears exequatur of civil judgments (Article 44). The court fee deposit is RWF 40,000 in either court (Ministerial Order N° 17/MOJ/AG/20 of 30/10/2020).

The court examines four points: that the judgment does not offend public order or the principles of Rwandan law; that it has become final, with the force of res judicata, under the law of the country where it was given; that it is authentic; and that the rights of defence were respected in the foreign proceedings. There is no reciprocity test in the statute, so a judgment from a state that would not enforce Rwandan judgments is not refused on that ground alone; guidance suggesting that reciprocity is required is not supported by the text. The court does not re-try the merits. In Gahiga v Fortis (Supreme Court, 21 February 2014) exequatur was refused because the rights of defence had been breached in the foreign proceedings, which shows where foreign judgments are most exposed: service of process, notice of hearings and the opportunity to answer.

Once declared enforceable, the foreign judgment is executed like a Rwandan one, through the voluntary and compulsory phases above. No bilateral or regional treaty providing for direct enforcement of foreign judgments in Rwanda was identified for this guide. Because the foreign judgment, the proof of service and finality, and the application will in practice need Kinyarwanda versions for filing (Article 69 of Law No 22/2018), translation should be budgeted from the start.

Time limits, and choosing the forum with enforcement in mind

Law-firm commentary states that the limitation period for ordinary civil and commercial debts is five years; this could not be confirmed against the statute for this guide, and creditors should treat it as a working assumption to be checked, not as a safe margin. The enforcement procedure itself sets short internal deadlines: 30 days for the voluntary phase, 10 working days for the statement of seizure, 15 days to challenge a valuation and 7 days between notice and sale.

The comparison with arbitral awards matters at the contract stage. A foreign arbitral award is recognised under the New York Convention, to which Rwanda acceded on 31 October 2008, with Law N° 005/2008 setting a closed list of refusal grounds (Foreign arbitration and enforcing awards). A foreign court judgment passes through exequatur, which is workable but exposed to argument on service and defence rights, and an exclusive foreign-court clause may not even be given effect in Rwanda (The court system and choice of forum). For a counterparty whose assets are in Rwanda, either a Rwandan forum or arbitration usually gives a shorter path to money than a foreign judgment.

From judgment to payment

1. Obtain the enforcement formulaOnce the judgment is final, or provisional execution has been ordered, obtain the copy bearing the enforcement formula from the court registry.
2. Instruct a bailiffSign a written mandate with a professional bailiff, agree travel costs, and provide the debtor's known assets: land titles, bank accounts, vehicles, receivables.
3. Voluntary phaseThe bailiff notifies the debtor, who has 30 days to pay or agree terms and must disclose assets; register any agreement as an enforcement order on the Database.
4. SeizureIf the debtor does not comply, the bailiff draws up the statement of seizure within 10 working days, in the presence of the debtor and the Cell Executive Secretary; attach bank balances and receivables held by third parties.
5. Valuation and noticeA certified valuer reports within 15 days; either party may challenge within 15 days; the auction notice is published within 48 hours after that period and the sale waits at least 7 days.
6. Electronic auctionSealed bids on IECMS, with a 5% bid security where the reference price is RWF 5,000,000 or more; bids below 75% may be declined in the first two rounds.
7. Payment outThe buyer pays within 72 hours into the Bank of Kigali enforcement account; the bailiff requests disbursement within 5 days, a Ministry of Justice team clears the request within 5 working days, and the bank pays within 48 hours of its instruction, with the balance to the owner.