https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10435
Because the respondent filed no response and was absent, and the application for recovery of certified costs through garnishee attachment was unopposed, the court allowed the application in full and entered judgment for the applicant together with interest and costs.
Source-derived case information.
- Citation
- [2026] KEHC 10435 (KLR)
- Parties
- Applicant: Amos Simiyu Makokha T/A Makokha Wattanga & Luyali Associates Advocates; Respondent: Africa Merchant Assurance Co. Ltd
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E114 of 2025
- Procedural Posture
- Civil Miscellaneous Application for Garnishee Proceedings in Respect of Certified Costs / Ruling on Uncontested Application
- Outcome
- Application allowed in its entirety; garnishee relief and judgment for certified costs granted.
- Judges
- ["E Ominde"]
- Legal Topics
- Garnishee Orders, Certified Costs, Unopposed Application, Interest on Costs, Order Absolute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amos Simiyu Makokha T/A Makokha Wattanga & Luyali Associates Advocates
Applicant
Africa Merchant Assurance Co. Ltd
Respondent
Procedural Posture
Civil Miscellaneous Application for Garnishee Proceedings in Respect of Certified Costs / Ruling on Uncontested Application
Legal Issues
- 1 Whether garnishee relief should be granted over the judgment debtor's credit held in Safaricom Till No. 4106404
- 2 Whether the certified costs and accrued interest were payable as claimed
- 3 Whether the unopposed application should be allowed
Ratio Decidendi
Because the respondent filed no response and was absent, and the application for recovery of certified costs through garnishee attachment was unopposed, the court allowed the application in full and entered judgment for the applicant together with interest and costs.
Court Disposition
Application allowed in its entirety; garnishee relief and judgment for certified costs granted.
Orders
- Judgment entered for the applicant against the respondent for Kshs. 147,100 being certified costs.
- Interest on Kshs. 147,100 to accrue at 14% per annum from 8/8/2025 until payment in full.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **CIVIL MISC NO. E114 OF 2025** **AMOS SIMIYU MAKOKHA T/A MAKOKHA** **WATTANGA & LUYALI ASSOCIATES ADVOCATES …..…. APPLICANT** **VERSUS** **AFRICA MERCHANT ASSURANCE CO. LTD ..…...….…… RESPONDENT** **RULING** 1. Before this court is an Application by the Applicant dated 22nd April 2026 brought **Under Section Order 23 Rule 1, 2 and 10 of the Civil Procedure (Amendment) Rules 2020 and any other enabling provisions and Powers of the Law** seeking the following orders: 2. **Spent** 3. **THAT a garnishee nisi order do issue attaching the Defendant/ Judgment debtor’s Credit in Safaricom Till No. 4106404 (the Garnishee) so as to satisfy Kshs. 137,745/= Being the decretal sum plus accrued interest pending inter parties hearing of this Application.** 4. **THAT a Garnishee Order Absolute do issue attaching the Defendant/ Judgment debtors credit in Safaricom till 4106404 (The Garnishee) so as to satisfy Kshs. 137,745/= being the decretal sum plus accrued Interest.** 5. **Costs.** 6. The application is supported by the grounds on the face of it and the Affidavit of Amos Simiyu Makokha sworn on 13th April, 2026. 7. Counsel for the Applicant Mr. Bw’onchiri stated that its their Application dated 22nd April 2026 that is coming up. He received a response from the Garnishee and not from the Judgment debtor. The Garnishee confirms that there are sufficient funds to ……………… the decretal sum. He therefore prays that the order of Garnishee Nisi be made Absolute. 8. For reasons that the Respondent was served and they have not filed any response, and are also not present in court, the court then directed that the Applicant may proceed with their Application. 9. Counsel for the Applicant Ms. Muresia in her oral representations stated that because no response had been filed against the Certificate of Costs, their application be allowed as prayed. 10. I have considered the application dated 13th April, 2026 and the same having not been opposed, I now hereby allow the same in its entirety as follows: - 11. **That Judgment is now hereby entered in favor of the Applicant as against the Respondent for the sum of Kshs. 147,100 being certified costs due to the applicant as against the Respondent.** 12. **That interest does accrue on the sum of Kshs. 147,100/= at the rate of 14% per annum, with effect from 8/8/2025 (the date of filing the Advocates-client bill of costs) until payment in full as prescribed under paragraph 7 of the Advocates Remuneration order.** 13. **That costs of this application is awarded to the Applicant and be borne by the Respondent.** 14. **That these orders shall also apply to the following files that form part of the series E153/2025, E155/2025, E156/2025 and E157/2025.** **Read Dated and Signed at BUNGOMA on 25th day of May, 2026** **E. OMINDE** **JUDGE**