https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12812

**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA** **MILIMANI HIGH COURT** **HCCC MISC NO. E370 OF 2025** **KINYANJUI NJUGUNA & CO. ADVOCATES………….APPLICANT** **VS** **AFRICA MERCHANT ASURANCE CO. LIMITED…DEFENDANT** **RULING** 1. The matter before this Court is the Decree Holder’s Notice of Motion dated 22nd December 2025 brought principally under Order 23 rule 1, 2, 8 and 9 and Order 50 rule 1 of the Civil Procedure Rules and all other enabling provisions of the law. The Applicant seeks, among other reliefs, an order that the Garnishee absolute issue for the decretal amount of **Kshs. 4,045,075.13/=** together with the costs of the garnishee proceedings. 2. The application is supported by the affidavit of **MABEYA BOSIRE CORNELIUS** sworn on 22nd of December 2025. The Applicant avers that judgment was entered in its favour against the Judgment Debtor in the sum of **KShs. 2,367,691.25/=** which together with interest and costs has accumulated to the sum of **Kshs. 4,045,075.13/=**. It is deponed that despite demand, the decree remains wholly unsatisfied. The Applicant further states that the the Judgement debtor holds and operates a paybill number 545400 and Till Number 4106404 held at Safaricom PLC, the garnishee herein which it is actively using for its business dealings. 3. The record shows that on 23rd December 2025 this Court issued a Garnishee Order Nisi to the Limited sum of **Kshs. 2,387,691/=** being the sum stated in the decree issued by the court on 3/12/2025. 4. The Court thereby directed that the motion be served and parties to return for an inter partes hearing of the Application. On 22nd July 2026, all parties were in court and the Judgment debtor did not oppose the Application. 5. That the Garnishee in a further affidavit sworn by **STELLA MUTINDI MUTUA** dated 30th July 2026 confirmed to the Court that till Number 410604 and short code 6716100 have sufficient amounts to satisfy the decretal sum amounting to kshs. 4,045,075.13/= inclusive of accrued interests and costs but exclusive of costs of these garnishee proceedings. 6. The Judgment Debtor did not file any affidavit disputing the existence of the decree, challenging the indebtedness or disputing the Garnishee’s further affidavit confirming sufficient funds. No evidence has been placed before the Court suggesting that the decree has been satisfied, stayed, varied or otherwise rendered unenforceable. **Analysis and Determination** 1. The main issue falling for the determinationof this Court is whether the Applicant has satisfied the legal threshold for the Garnishee Order Nisi to be made absolute. 2. Order 23 of the Civil Procedure Rules provides the statutory mechanism through which a judgment creditor may attach debts due or accruing due from a third party to a judgment debtor in satisfaction of a decree. The jurisdiction is intended to facilitate the enforcement of lawful judgments by enabling the Court to intercept debts owed to a judgment debtor before those monies reach the debtor. 3. The principles governing garnishee proceedings are well settled. Before a Garnishee Order Absolute can issue, the Court must be satisfied that there exists a valid and enforceable decree; that the decree remains wholly or partly unsatisfied; that the garnishee is indebted to, or holds funds on behalf of, the judgment debtor; and that no legal or equitable ground exists to prevent attachment of those funds. 4. The effect of a Garnishee Order Nisi is to preserve the debt pending determination of the application and to afford the garnishee an opportunity to demonstrate why the debt should not be attached. If no sufficient cause is shown, the Court is entitled to make the order absolute. 5. The foregoing principles were succinctly stated in **Choice Investments Ltd v Jeromnimon (Midland Bank Ltd, Garnishee) [1981] QB 149**, where the Court observed that garnishee proceedings operate by attaching a debt due from the garnishee to the judgment debtor, thereby enabling the judgment creditor to recover directly from the garnishee to the extent of the decretal sum. 6. Having carefully considered the application, the affidavits on record and the submissions of counsels, I am satisfied that the Applicant has established every element necessary to warrant the grant of the orders sought. 7. First, there is no dispute that judgment was lawfully entered in favour of the Applicant. The decree extracted pursuant thereto has not been challenged nor has any order staying execution been exhibited before this Court. 8. Secondly, the decretal sum remains outstanding. The Judgment Debtor has not demonstrated that the decree has been settled either wholly or in part. 9. Thirdly, the Garnishee has expressly admitted holding funds belonging to the Judgment Debtor. 10. Fourthly, neither the Garnishee nor the Judgment Debtor has identified any statutory exemption, competing proprietary interest, prior attachment, lien or other legal disability capable of defeating the attachment sought by the Applicant. 11. The Court is mindful that the purpose of execution proceedings is to enable a successful litigant to realise the fruits of a judgment lawfully obtained. Litigation must come to an end, and a successful party should not be unnecessarily hindered in enjoying the benefit of the decree unless the law clearly provides otherwise. Garnishee proceedings are one of the recognised modes of execution designed to give practical effect to that principle. 12. In the present case, the Court finds no lawful reason for declining the application. The Applicant has demonstrated compliance with the requirements of Order 23 of the Civil Procedure Rules. 13. Pursuant to this Court’s order of 23rd December 2025 by Hon. Lady Justice Janet Mulwa, the Deputy Registrar, Civil division has subsequently tabulated the decretal amount, interest and costs to a sum of **Kshs. 4,217,624.23/=** as at **4th of August 2026**. **Disposition** 1. In the premises, and having considered the Application, the grounds relied upon and the supporting affidavit, and the Garnishee’s confirmation of the sums held to the credit of the Judgment Debtor, the Court hereby makes the following orders: The Notice of Motion dated 22nd December 2025 is merited and is hereby allowed on the following terms: 1. The Garnishee Order Nisi issued on 23rd of December 2025 is hereby made absolute in respect of a sum of **Kshs. 4,045,075.13/=.** 2. The Garnishee, Safaricom PLC, shall within fourteen (14) days of this order release to the Judgment Holder the sum of **Kshs. 4,045,075.13/=.** 3. Upon effecting payment in accordance with this order, the Garnishee shall stand fully discharged from liability to the Judgment Debtor to the extent of the amount paid pursuant to this order. 4. The outstanding amount from the decretal sum of **Kshs 4,217,624,23/=** shall remain due and recoverable from the Judgment Debtor, together with such further interest as may lawfully accrue thereon until payment in full. 5. The costs of these garnishee proceedings are awarded to the Judgment Holder and the garnishee and shall be borne by the Judgment Debtor. Orders accordingly. **DATED, SIGNED AND DELIVERED VIRTUALLY THIS 7TH DAY OF AUGUST 2026** **ANNE.M. OKUTOYI** **JUDGE**