https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7732
The application was unopposed and the court found no basis to refuse joinder; it therefore enjoined Sidian Bank Ltd and Safaricom PLC as garnishees/interested parties and issued interim garnishee order nisi to preserve the money pending hearing and determination of the application.
Source-derived case information.
- Citation
- [2026] KEHC 7732 (KLR)
- Parties
- Applicant: Fredrick T. Musungu t/a Musungu Pekke & Co. Advocates; Respondent: Africa Merchant Assurance Co. Ltd (AMACO); 1st Garnishee: Sidian Bank Ltd; 2nd Garnishee: Safaricom PLC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E042 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion
- Outcome
- Application allowed
- Judges
- ["A Mshila"]
- Legal Topics
- Enjoinder of Garnishees, Order Nisi, Interim Garnishee Orders, Interest of Third Parties in Execution Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Fredrick T. Musungu t/a Musungu Pekke & Co. Advocates
Applicant
Africa Merchant Assurance Co. Ltd (AMACO)
Respondent
Sidian Bank Ltd
1st Garnishee
Safaricom PLC
2nd Garnishee
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion
Legal Issues
- 1 Whether Sidian Bank Ltd and Safaricom PLC should be enjoined as garnishees/interested parties
- 2 Whether an interim garnishee order nisi should issue pending determination of the application
Ratio Decidendi
The application was unopposed and the court found no basis to refuse joinder; it therefore enjoined Sidian Bank Ltd and Safaricom PLC as garnishees/interested parties and issued interim garnishee order nisi to preserve the money pending hearing and determination of the application.
Court Disposition
Application allowed
Orders
- Sidian Bank Ltd enjoined as 1st Garnishee/Interested Party.
- Safaricom PLC enjoined as 2nd Garnishee/Interested Party.
Full Case Text
Judgment text and source record
1 paragraphs
Musungu t/a Musungu Pekke & Co. Advocates v Africa Merchant Assurance Co. Ltd (AMACO) & 2 others (Miscellaneous Application E042 of 2024) [2026] KEHC 7732 (KLR) (8 June 2026) (Ruling) Neutral citation: [2026] KEHC 7732 (KLR) Republic of Kenya In the High Court at Voi Miscellaneous Application E042 of 2024 A Mshila, J June 8, 2026 Between Fredrick T. Musungu t/a Musungu Pekke & Co. Advocates Applicant and Africa Merchant Assurance Co. Ltd (AMACO) Respondent and Sidian Bank Ltd 1st Garnishee Safaricom PLC 2nd Garnishee Ruling 1.The Notice of Motion is dated 5th June 2026. The matter was not certified as urgent and prayer No. 1 is marked as spent. 2.The Applicant seeks to enjoin Sidian Bank as a Garnishee/Interested Party and also Safaricom PLC as Garnishee and Interested Party. The Respondent was present and was not opposed. 3.Therefore, the prayer is hereby allowed – Sidian Bank LTD is hereby enjoined to these proceedings as 1st Garnishee/Interested Party. Safaricom PLC is hereby enjoined to these proceedings as 2nd Garnishee/Interested Party. 4.Pending hearing and determination of the application, an interim Garnishee Order Nisi is hereby issued directing Sidian Bank LTD not to release the monies set in prayer 3 of the Notice of Motion. 5.Safaricom PLC – A Garnishee Order Nisi is also issued directing Safaricom PLC not to release any monied held in Paybil No. 415xxxx and Till No. 410xxxx.Orders accordingly. DATED, SIGNED AND DELIVERED THIS 8TH DAY OF JUNE 2026 IN OPEN COURT AT VOI HIGH COURT.A. MSHILAJUDGEIn the presence of:-Court Assistant: Trizah/EghwaMusungu for the ApplicantOmbayi for the Respondent/Judgment Debtor