https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9688

Kinyanjui Njuguna & Co Advocates v Africa Merchant Assurance Co Ltd & another (Miscellaneous Civil Application E1455 of 2025) [2026] KEHC 9688 (KLR) (Civ) (29 June 2026) (Ruling) Neutral citation: [2026] KEHC 9688 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Civil Miscellaneous Civil Application E1455 of 2025 SN Mutuku, J June 29, 2026 Between Kinyanjui Njuguna & Co Advocates Applicant and Africa Merchant Assurance Co Ltd Respondent and Safaricom Garnishee Ruling The Application 1.M/s Kinyanjui Njuguna & Co. Advocates (the Applicant) being the Decree Holder, took out these Garnishee proceedings through a Notice of Motion date 21st May 2026 seeking (i) Order Nisi against the Garnishee that all the monies deposited, lying and or being held by the Garnishee on behalf of the African Merchant Assurance Company Limited, the Judgment Debtor (the Respondent) in Paybill No. 545400 and Till Number 4106404 aggregated to short code 6716093 and any other code held at Safaricom PLC (the Garnishee) herein be attached to answer the decree of this Honourable Court dated 13th May 2026 for the sum of Kshs 2,374,619.87 being the decretal amount due to the decree holder; (ii) that the Garnishee herein do attend court on a date to be fixed by this Honourable Court to show cause why they should not pay the Decree Holder the decretal sum of Kshs 2,374,619.87 from the monies held on behalf of the Judgment Debtor or so much thereof as may be sufficient to satisfy the decree and costs herein; (iii) that a Garnishee Order Absolute be issued attaching the said Paybill and Till number aggregated to the short code named above held by the Garnishee on behalf of the Judgment Debtor and directing that the garnishee amounts or such portions as may be sufficient be released to the applicant’s advocate on record in the bank account, whose details are given in the application, to satisfy and/or answer part of the decree in the amount of Kshs 2,374,619.87 together with costs of the garnishee proceedings. The Applicant also seeks costs of the Garnishee proceedings assessed at Kshs 50,000. 2.Prayer (b) of the instant application, seeking Order Nisi, was granted on 22nd May 2026. 3.Parties attended court on 9th June 2026 when counsel for the Garnishee sought time to file response to the application showing the financial status of the Judgment Debtors accounts. Background 4.The background of this matter is that, the Applicant, who is the Decree Holder (DH) in this matter, filed a Notice of Motion (the Application) dated 28th January 2026, seeking to consolidate various miscellaneous applications as specified under Prayer 2 of the instant application and entry of judgment in the consolidated matters for Kshs 1,729,219 as specified under Prayer 3 of the application and interest at 14% per annum from 19th November 2023 until payment in full and costs of the application. 5.The application is supported by the grounds that the bills of costs in the above matters have been taxed and certificate of taxation issued but the Respondent has failed to pay the legal fees; that the Respondent is facing liquidity problems leaving the recovery progress in jeopardy, necessitating these garnishee proceedings and that the Respondent is not disputing the fees. 6.On 20the April 2026, the parties, through their respective counsel recorded a consent in the following terms:“By consent of the parties, the Application dated 28th January 2026 be and is hereby allowed in terms of prayers 2, 3 and 4 and costs of the Application assessed at Kshs 20,000 be and are hereby availed to the Applicant.” 7.The above consent order was adopted by the Court as a court order. 8.It is in view of that consent order that these Garnishee proceedings were taken out. Response by Garnishee 9.The Garnishee filed a Replying Affidavit dated 5th June 2026. The Affidavit includes the statement showing the status of the accounts of the Judgment Debtor. The Affidavit shows that the funds held in those accounts are not sufficient to satisfy the decree in this matter. 10.Counsel for the Decree Holder asked this court make the Order Nisi granted on 22nd May 2026 absolute in respect of Kshs 1,673,007. 27 made up of funds in the Utility Account on Pay Bill No. 545400 being Kshs 147,442/=; Merchant Account on Mpesa till No. 4106404, short code 6716100, being Kshs 710,947.38 and Special Utility Account short code 6716093 being Kshs 814,617.89. 11.I have considered the arising issues in this matter. The Garnishee had not objection despite the caution that the funds available are not sufficient. 12.Consequently, I hereby make the Order Nisi issued on 22nd May 2026 absolute in the sum reserved amount of Kshs 1,673,007/=. The Decree Holder is at liberty to pursue execution for the balance of the decretal sum in any other manner authorized by the law. 13.In the end, the Notice of Motion dated 21st May 2026 hereby partially succeeds in terms of the order granted above. Kshs 1,673,007/= shall be deposited in the bank whose particulars are shown below:Account name: Kinyanjui Njuguna & Co. AdvocatesAccount No: 0xxxxxxx01Bank: Diamond Trust Bank CAPITAL Center Branck 14.Orders to issue accordingly. DATED, SIGNED AND DELIVERED THIS 29TH JUNE 2026.S. N. MUTUKUJUDGE