https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10426
The application was unopposed and the garnishee confirmed availability of sufficient funds to satisfy the decretal sum; on that basis, the court allowed the application and made the garnishee order nisi absolute against Safaricom Plc, while ordering the judgment debtor to bear the garnishee’s costs and the...
Source-derived case information.
- Citation
- [2026] KEHC 10426 (KLR)
- Parties
- Applicant: Amos Simiyu Makokha t/a Makokha Wattanga & Luyali Associates Advocates; Respondent/judgment Debtor: Africa Merchant Assurance Co. Ltd; Garnishee: Safaricom Plc
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E117 of 2025
- Procedural Posture
- Garnishee Proceedings / Application for Garnishee Order Absolute
- Outcome
- Application allowed in its entirety; garnishee order absolute issued.
- Judges
- ["E Ominde"]
- Legal Topics
- Garnishee Proceedings, Garnishee Order Absolute, Attachment of Debts, Unopposed Application, Costs of Garnishee Proceedings
- 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/judgment Debtor
Safaricom Plc
Garnishee
Procedural Posture
Garnishee Proceedings / Application for Garnishee Order Absolute
Legal Issues
- 1 Whether the garnishee order nisi should be made absolute
- 2 Whether sufficient funds/debts existed in the garnishee’s hands to satisfy the decretal sum
- 3 Who should bear the costs of the application and the garnishee
Ratio Decidendi
The application was unopposed and the garnishee confirmed availability of sufficient funds to satisfy the decretal sum; on that basis, the court allowed the application and made the garnishee order nisi absolute against Safaricom Plc, while ordering the judgment debtor to bear the garnishee’s costs and the applicant’s costs of the application.
Court Disposition
Application allowed in its entirety; garnishee order absolute issued.
Orders
- The order nisi herein issued is made absolute as against Safaricom Plc.
- A garnishee order absolute is issued attaching Kshs. 95,439/= or such sums as are sufficient to answer the decree against the judgment debtor.
Full Case Text
Judgment text and source record
1 paragraphs
Makokha t/a Makokha Wattanga & Luyali Associates Advocates v Africa Merchant Assurance Co. Ltd & another (Civil Miscellaneous E117 of 2025) [2026] KEHC 10426 (KLR) (10 June 2026) (Ruling) Neutral citation: [2026] KEHC 10426 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E117 of 2025 E Ominde, J June 10, 2026 Between Amos Simiyu Makokha t/a Makokha Wattanga & Luyali Associates Advocates Applicant and Africa Merchant Assurance Co. Ltd Respondent and Safaricom Plc Garnishee 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:a.Spentb.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. 95,439/= Being the decretal sum plus accrued interest pending inter parties hearing of this Application.c.That a Garnishee Order Absolute do issue attaching the Defendant/ Judgment debtors credit in Safaricom till 4106404 (The Garnishee) so as to satisfy Kshs. 95,439/= being the decretal sum plus accrued Interest.d.Costs. 2.The application is supported by the grounds on the face of it and the Affidavit of Amos Simiyu Makokha sworn on 22nd April, 2026. 3.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 liquidate the decretal sum. He therefore prays that the order of Garnishee Nisi be made Absolute. 4.Counsel for the Garnishee Mr. Ojonga confirmed that to be the position and their Affidavit confirming availability of funds is dated 9th June 2026 save they pray for the Garnishees costs of Kshs. Kshs. 30,000/= be paid by the Judgment debtor. They have no objection to the Application. 5.I have considered the Application dated 22nd April, 2026 and the same having not been opposed, I now hereby allow the Application in its entirety as follows: -a.The order of Decree Nisi herein issued is now hereby made absolute as against the Garnishee SAFARICOM PLC.b.A Garnishee Order Absolute is now hereby issued and the sum of Kshs. 95,439/= or such sums or debts as are sufficient to answer the decree detained by the Decree-Holder against the Judgment-debtor, or the unsatisfied part thereof owing or accruing due from the Garnishee SAFARICOM PLC to the Judgment-debtor be attached to answer the decree passed herein against the Judgment-debtor.c.The Judgment-debtor is to pay costs of Kshs. 30,000/= to the garnishee SAFARICOM PLC.d.The Judgment debtor is also to pay the costs of this Application to the Applicant. READ DATED AND SIGNED AT BUNGOMA ON 10TH DAY OF JUNE, 2026E. OMINDEJUDGE