https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9015

Ndegwa t/a Muchemi & Co. Advocates v Chairman Board of Directors National Water Harvesting and Storage Authority Board of Directors & 3 others (Miscellaneous Civil Application E317 of 2024) [2026] KEHC 9015 (KLR) (24 June 2026) (Ruling) Neutral citation: [2026] KEHC 9015 (KLR) Republic of Kenya In the High Court at Nakuru Miscellaneous Civil Application E317 of 2024 PN Gichohi, J June 24, 2026 IN THE MATTER OF MICHAEL MUCHEMI NDEGWA T/A MUCHEMI & CO. ADVOCATES AND IN THE MATTER OF ADVOCATE CLIENT BILL OF COSTS ANDIN THE MATTER OF JUDICIAL REVIEW APPLICATION NO. E005 OF 2021 AND IN THE MATTER OF SECTION 51 OF THEVADVOCATES ACT, CAP 16 & RULE 13 OF THE ADVOCATES REMUNERATION ORDER 2014 Between Michael Muchemi Ndegwa t/a Muchemi & Co. Advocates Applicant and Chairman Board of Directors National Water Harvesting and Storage Authority Board of Directors 1st Respondent National Water Harvesting And Storage Authority 2nd Respondent and Sharon Obonyo Interested Party and Kenya Commercial Bank Garnishee Ruling 1.By a Notice of Motion dated 18th March , 2026 pursuant to Order 23 Rules 1 & 2 of the Civil Procedure Rules 2010 and Sections l A, 1B and 3A Civil Procedure Act, Cap 21 Laws of Kenya, the Applicant seeks Orders:-a.Spent.b.Spent.c.That the Garnishee be and is hereby Ordered to appear in Court to show cause why it should not pay the Decree Holder the decretal sum from the funds held in the Judgement Debtor/2nd Respondent’s accounts.d.That the Garnishee Order Nisi herein be and is hereby made absolute for the sum of Kenya Shillings One Million, Four Hundred and Nineteen Thousand Four Hundred and Fifty (Kshs. 1,419,450/=) owed to the Decree Holder/Plaintiff by the Judgement Debtor/ Respondent against the Judgement Debtor/ Respondent’s Bank Account Numbers 11xxxxxx29,11xxxxxx88,11xxxxxx89 and 11xxxxxx93 , domiciled at KCB Bank Kenya Limited, Moi Avenue Branch.e.That the costs of this Application be awarded to the Decree Holder/ Applicant. 2.The application is based on grounds on the face of the application and supported by the Affidavit sworn by Michael Paul Obura Advocate on even date are that Judgment was entered in this matter on the 23rd February, 2026, and a Decree was thereafter issued by this Court on 17th March, 2026 in favour of the Decree Holder. 3.Pursuant to the Decree dated 17th March, 2026, the Decree Holder became entitled to a sum of Kenya Shillings One Million, Four Hundred and Nineteen Thousand Four Hundred and Fifty (Kshs. 1,419,450/=) being the outstanding sum owed by the Judgment debtor. However, the Judgement Debtor/ 2nd Defendant has refused and/or ignored to settle the principal amount as Ordered by this Court. 4.He states that the Judgement Debtor/ 2nd Defendant maintains bank accounts with the Garnishee bank and the money held in these accounts should be withheld by the Garnishee and attached to satisfy the decretal sum of Kshs. 1,419,450/= against the Judgment Debtor/2nd Respondent in favour of the Applicant/ Decree Holder, which sum remains unpaid. 5.He depones that Unless the Orders issued herein are granted, the Judgement Debtor/ Defendant is likely to withdraw and/ or transfer all monies held in its account mentioned herein in an effort to frustrate the Decree Holder/ Plaintiff from recovering the decretal sum and deny the Decree Holder/ Plaintiff the fruits of the Court's Judgement. He therefore urges that the application be allowed. 6.The Garnishee filed a Replying Affidavit dated 28th April 2026 sworn by its Corporate Manager , Joseph Wambugu. He states that that the Judgements Debtor currently holds A/C Nos. 11xxxxxx29, 11xxxxxx88,11xxxxxx89 and 11xxxxxx93 with the Garnishee. 7.However, save for A/C No. 11xxxxxx93 , the said accounts have insufficient funds and/or are subject to prior Garnishee Orders and other legal encumbrances and there, they are not available for attachment in these proceedings. 8.While attaching a certified copy of the said A/C No. 11xxxxxx93, , he states that the book balance ii nth said account is only Kshs. 254,889,641.17 and therefore, the its liability on account of the Respondents indebtedness to the Applicant Decree Holder should only be to the extent of the said stated balances, less incidental cost of these proceedings being Kshs. 70,000/=. Determination 9.Despite service, there is no response by the Respondents and after hearing the Applicant and the Garnishee, this Court confirms that a Decree herein remains unsettled by the Respondent herein. 10.Further, the Garnishee confirms that indeed, the Respondent/Judgment- Debtor holds three Bank Accounts with the Garnishee, but except for one, all the others are encumbered . This court is satisfied that the Garnishee can only be liable on account of the Judgment /Debtor for a sum of Kshs. 254,889,641.17. towards compliance with the Garnishee Nisi issued by this Court on 28th May 2026 for a total amount of Kshs. 1,419,450/= . In short, the Garnishee has sufficient funds to satisfy the decree. 11.The Costs of the Garnishee proceedings will be borne by the Respondent/Judgement Debtor. 12.In conclusion, the Application dated 11th February, 2025 is merited and allowed in the following terms:-1.The Garnishee Order Nisi issued on 28th May 2026 be and is hereby made Garnishee Order Absolute.2.The Garnishee Order Absolute be served on the Garnishee to release the sum of Kshs. 1,419,450 /= to the Applicant forthwith.3.The costs of this application be borne by the Respondent/Judgment Debtor. DATED AND SIGNED AT NAIROBI THIS 18TH DAY OF JUNE, 2026.............................PATRICIA GICHOHJUDGEDELIVERED AT NAKURU THIS 24TH DAY OF JUNE, 2026.............................DR. JOSEPH SERGONJUDGE