https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10810

Ocharo Kebira & Co. Advocates v African Merchant Assurance Co. Ltd & another (Civil Miscellaneous E053 of 2024) [2026] KEHC 10810 (KLR) (9 July 2026) (Ruling) Neutral citation: [2026] KEHC 10810 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E053 of 2024 E Ominde, J July 9, 2026 Between Ocharo Kebira & Co. Advocates Applicant and African Merchant Assurance Co. Ltd Respondent and Safaricom PLC Garnishee Ruling 1.Before this court is an application by the applicant dated 21st May, 2026 brought Under Order 23 Rule 1, 2, 8 and 9, Order 49 Rule 1, 2, 5 & 7 Order 50 Rule 1 of the Civil Procedure Rules, Section 1A, 1B & 3A of the Civil Procedure Act and all enabling Provisions of Law seeking the following orders:a.Spentb.That an Order Nisi, restraining any debiting of Safaricom Mpesa Pay Bill Number 6716100 and Mpesa till Number 4106404 held by the Garnishee and/or any other account held by the Judgment-debtor with the Garnishees do issue and the same be served upon the Garnishees and the Judgment Debtor at least SEVEN (7) DAYS before hearing hereof.c.That the Garnishee herein, SAFARICOM PLC do attend court on a date to be fixed to show cause why they should not pay the Decree-holder the sum of Kshs 272,734.90/= from monies held on behalf of the Judgment-debtor from the above-mentioned account or so much thereof as may be sufficient to satisfy the decree herein.d.That this honorable court be pleased to make a Garnishee Order absolute that, the sum of Kshs. 272,734.90/= such sums or debts as are sufficient to answer the decree obtained by the Decree-holder against the Judgment-debtor, or the unsatisfied part thereof owing or accruing due from the Garnishee, SAFARICOM PLC to the Judgment-debtor be attached to answer the decree passed herein against the Judgment-debtor.e.That costs of Kshs. 30,000/= of this Garnishee application shall be borne by the Judgment-debtor/Respondent. 2.The application is supported by the grounds on the face of it and the Affidavit of Eric Ntabo sworn on the 21st May, 2026. 3.At the hearing, the applicant stated that their application was served upon the respondents on 30th May 2026 and their affidavit of service is dated 30th May 2026. The Garnishee has confirmed the availability of funds to satisfy the decretal sums. She prays that the application be allowed as prayed. 4.Mr. Ojonga for the Garnishee did file a replying affidavit sworn on the 14th June 2026 in which he confirms that the Garnishee holds sufficient funds to satisfy the decretal sum as there was no objection to the Decree Nisi being made Absolute. He prays that the costs of the Garnishee be borne by the Judgment-debtor. 5.Mr. Etyang for the Judgment Debtor prayed that the sum of Kshs. 30,000/= be paid as costs for the Applicant. He stated further that because the Garnishee has not proposed any amount as their costs, he prays that they file their Bill of Costs for Taxation. Ms. Omollo in her rejoinder agreed to the Kshs. 30,000/= proposed as Costs to the Decree holder whereas Mr. Ojonga on the other hand stated that if they will not agree on the Garnishee’s costs with Counsel for the Judgment Debtor, he will move the Court appropriately with their Bill of costs. 6.The applicant’s application dated 21st May, 2026 is considered. In light of the above, the application is allowed in the following terms;I.The order of Decree Nisi herein issued is now hereby made absolute as against the Garnishee SAFARICOM PLC.II.A Garnishee Order Absolute is now hereby issued and the sum of Kshs. 272,734.90/= or such sums or debts as are sufficient to answer the decree detained by the Decree-Holder against the Judgment-debtor, or the unsatisfied part thereof owing or accruing due from the Garnishee SAFARICOM PLC to the Judgment-debtor be attached to answer the decree passed herein against the Judgment-debtor.III.The Judgment debtor is also to pay the costs of this Application as agreed at Kshs. 30,000/= to the Decree Holder.IV.The Parties are to agree (the Judgment Debtor and the Garnishee that is) on the issue of their costs and if not agreed, the Garnishee is to file their Bill of Costs.V.That mention before the Deputy Registrar on 25th August, 2026 to confirm that a consent has been entered on the Costs as between the Judgment Debtor and the Garnishee. READ DATED AND SIGNED AT BUNGOMA ON 9TH DAY OF JULY, 2026E. OMINDEJUDGE