https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10994

https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10994

The court allowed the application and issued a garnishee absolute order against Sidian Bank Ltd because the monies held in the named account were available to satisfy the decretal sum of Kshs. 583,875.37.

Source-derived case information.

Citation
[2026] KEHC 10994 (KLR)
Parties
Applicant: Fredrick T. Musungu t/a Musungu Pekke & Co. Advocates; Respondent: Africa Merchant Assurance Co. Ltd (AMACO); Interested Party / 1st Garnishee: Sidian Bank Ltd; Interested Party / 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 and Garnishee Proceedings
Outcome
Notice of Motion dated 5th June 2026 allowed.
Judges
["A Mshila"]
Legal Topics
Garnishee Proceedings, Garnishee Absolute Order, Attachment of Bank Funds, Decretal Sum Enforcement, Notice of Motion
Source Language
en
Civil Procedure Execution Law Advocates' Fees Recovery Garnishee Proceedings Garnishee Absolute Order Attachment of Bank Funds Decretal Sum Enforcement Notice of Motion

Source-derived case record

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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

Interested Party / 1st Garnishee

Safaricom Plc

Interested Party / 2nd Garnishee

Procedural Posture

Miscellaneous Application / Ruling on Notice of Motion and Garnishee Proceedings

Legal Issues

  1. 1 Whether the Notice of Motion dated 5th June 2026 should be allowed
  2. 2 Whether a garnishee absolute order should issue against Sidian Bank Ltd
  3. 3 Whether the funds in the respondent's bank account should be attached to satisfy the decretal sum

Ratio Decidendi

The court allowed the application and issued a garnishee absolute order against Sidian Bank Ltd because the monies held in the named account were available to satisfy the decretal sum of Kshs. 583,875.37.

Court Disposition

Notice of Motion dated 5th June 2026 allowed.

Orders

  • The Garnishee Absolute Order is issued against the 1st Garnishee Sidian Bank Ltd.
  • Monies held in Account No. 010-xxxxxxx-9727, Moi Avenue Branch, in the name of Africa Merchant Assurance Co. Ltd (AMACO), shall be attached to satisfy the decretal sum of Kshs. 583,875.37.