Otieno t/a O.M. Otieno & Co. Advocates v Africa Merchant Assurance Company Ltd & another (Miscellaneous Case E033 of 2022) [2026] KEHC 13261 (KLR) (16 July 2026) (Ruling)

**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAMIRA** **(CHERERE-J)** **HCCCMISC E033 OF 2022** **IN THE MATTER OF THE ADVOCATES ACT, CAP. 16 OF THE LAWS OF KENYA** **AND** **IN THE MATTER OF THE TAXATION OF AN ADVOCATE-CLIENT BILL OF COSTS** **BETWEEN** **OUMA MAURICE OTIENO t/a O.M. OTIENO & CO. ADVOCATES**............................................**DECREE HOLDER/APPLICANT** **AND** **AFRICA MERCHANT ASSURANCE COMPANY LIMITED**......................................**JUDGMENT DEBTOR/RESPONDENT** **AND** **SAFARICOM PLC**........................................................................**GARNISHEE** **RULING** 1. Before the Court is the Chamber Summons dated 15th April 2026, brought by the Decree Holder pursuant to Order 23 Rule 1 of the Civil Procedure Rules and Sections 1A, 1B and 3A of the Civil Procedure Act. Through the application, the Decree Holder seeks, inter alia, an order that the Garnishee Order Nisi issued on 20th April 2026 be made absolute, together with the costs of the application. 2. The application is supported by the affidavit of Ouma Maurice Otieno sworn of even date in which he depones that a decree was issued on 03rd July 2023 for the recovery of taxed advocate-client costs and that, as at 15th April 2026, the decretal sum inclusive of accrued interest and recoverable costs stood at KES. 281,646.00. It is further deponed that the Judgment Debtor has failed to satisfy the decree despite demand and that the Garnishee, Safaricom PLC, holds monies belonging to the Judgment Debtor through Till Numbers 545400 and 4106404, or such other accounts maintained on its behalf, which are liable to attachment in satisfaction of the decree. 3. Upon considering the application, this Court issued a Garnishee Order Nisi on 20thApril 2026, directing the Garnishee and the Judgment Debtor to appear before the Court on 28th May 2026 to show cause why the order should not be made absolute. The Order Nisi specifically attached monies held by the Garnishee on behalf of the Judgment Debtor to answer the decretal sum of Kshs. 281,646.00, together with costs and interest. 4. This Court has also considered the Affidavit of Service sworn by Ouma Maurice Otieno on 18th May 2026 and it demonstrates that the Garnishee was served with the Chamber Summons dated 15th April 2026 and the Garnishee Order Nisi dated 20th April 2026 by email on 23rd April 2026, while the Judgment Debtor was similarly served through its advocates on 29th April 2026. 5. The Garnishee entered appearance by filing a Replying Affidavit sworn on 25th May 2026 by Stella Mutindi Mutua, its Senior Merchant Officer. The Garnishee confirms that the Judgment Debtor operates Till Number 4106404, which is aggregated under Organisational Short Code 6716100, and expressly states that the account holds sufficient funds to satisfy the decretal sum. The Garnishee further undertakes that, upon issuance of a Garnishee Order Absolute, it shall release the decretal sum of KES. 281,646.00 within seven days, subject only to its claim for costs, and thereafter seeks to be discharged from the proceedings. The Judgment Debtor, despite having been duly served, neither filed a response nor appeared before the Court to challenge the application or show cause why the Garnishee Order Nisi should not be confirmed. 6. It is well settled that where a decree remains unsatisfied, and the garnishee admits holding funds belonging to the judgment debtor sufficient to satisfy it, the Court will ordinarily make the Garnishee Order Nisi absolute unless a valid legal objection is raised. 7. Consequently, I find the Chamber Summons dated 15th April 2026 to be meritorious and I make the following orders— 8. **The Garnishee Order Nisi issued on 20th April 2026 is hereby made absolute.** 9. **The Garnishee, Safaricom PLC**, **shall, within seven (7) days of service of this order, pay to the Decree Holder the decretal sum of KES. 281,646.00, together with any further interest and costs recoverable under the decree, out of the monies held on behalf of the Judgment Debtor in Till Number 4106404, which is aggregated under Organisational Short Code 6716100,** **maintained by the Garnishee on behalf of the Judgment Debtor sufficient to satisfy the decree.** 10. **Upon compliance with Order (2) above, the Garnishee shall stand discharged from these garnishee proceedings.** 11. **The Judgment Debtor shall bear the costs of the garnishee proceedings.** **DELIVERED AT NYAMIRA THIS 16th DAY OF July 2026**  **WAMAE.T. W. CHERERE** **JUDGE** **Appearances** **Court Assistant – Hilda** **For the DH/Applicant – Mr. Ouma for O.M. Otieno & Co. Advocates** **For the JD/Respondent – N/A** **For the Garnishee – Mr. Ojonga for Meritad Law Africa LLP**