Otieno t/a O.M. Otieno & Co. Advocates v Africa Merchant Assurance Company Ltd & another (Miscellaneous Case E044 of 2022) [2026] KEHC 13262 (KLR) (16 July 2026) (Ruling)
The court found that the decree was undisputed, the application was unopposed, and the garnishee acknowledged holding sufficient funds on behalf of the judgment debtor. There being no impediment, the garnishee order nisi was made absolute and the garnishee was directed to pay the decretal sum from the identified funds.
Source-derived case information.
- Citation
- [2026] KEHC 13262 (KLR)
- Parties
- Decree Holder/applicant: Ouma Maurice Otieno t/a O.M. Otieno & Co. Advocates; Judgment Debtor/respondent: Africa Merchant Assurance Company Limited; Garnishee: Safaricom PLC
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case E044 of 2022
- Procedural Posture
- Garnishee Proceedings in an Advocate Client Taxation Matter / Application to Make Garnishee Order Nisi Absolute
- Outcome
- Application allowed; garnishee order nisi made absolute
- Judges
- ["TW Cherere"]
- Legal Topics
- Garnishee Order Nisi, Garnishee Order Absolute, Attachment of Funds Held by Third Party, Unopposed Application, Costs of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ouma Maurice Otieno t/a O.M. Otieno & Co. Advocates
Decree Holder/applicant
Africa Merchant Assurance Company Limited
Judgment Debtor/respondent
Safaricom PLC
Garnishee
Procedural Posture
Garnishee Proceedings in an Advocate Client Taxation Matter / Application to Make Garnishee Order Nisi Absolute
Legal Issues
- 1 Whether the garnishee order nisi should be made absolute
- 2 Whether Safaricom PLC held attachable funds on behalf of the judgment debtor sufficient to satisfy the decree
- 3 Who should bear the costs of the garnishee proceedings
Ratio Decidendi
The court found that the decree was undisputed, the application was unopposed, and the garnishee acknowledged holding sufficient funds on behalf of the judgment debtor. There being no impediment, the garnishee order nisi was made absolute and the garnishee was directed to pay the decretal sum from the identified funds.
Court Disposition
Application allowed; garnishee order nisi made absolute
Orders
- The Garnishee Order Nisi issued on 20th April 2026 is hereby made absolute.
- Safaricom PLC shall, within seven (7) days of service of the order, pay KES 458,417.46 together with any interest payable under the decree to the Decree Holder from funds held on behalf of the Judgment Debtor in Pay Bill Number 545400, Till Number 4106404.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NYAMIRA** **(CHERERE-J)** **HCCCMISC E044 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. The Chamber Summons dated 15th April 2026 seeks an order that the Garnishee Order Nisi issued on 20th April 2026 be made absolute. The application seeks payment of the decretal sum of **KES. 458,417.46** from monies held by the Garnishee on behalf of the Judgment Debtor. 2. The Order Nisi attached monies held by the Garnishee on behalf of the Judgment Debtor in Pay Bill Number 545400, Till Number 4106404, or any other account maintained by the Garnishee, and directed the parties to appear on 28th May 2026 to show cause why the order should not be made absolute. 3. The Affidavit of Service sworn on 18th May 2026 confirms that the Garnishee was served on 23rd April 2026, while the Judgment Debtor was served through its advocates on 29th April 2026. Despite service, the Judgment Debtor neither responded to nor opposed the application 4. The Garnishee responded through the Replying Affidavit of Stella Mutindi Mutua sworn on 25th May 2026. It confirms that the Judgment Debtor operates Till Number 4106404, aggregated under Organisational Short Code 6716100, and further confirms that the account holds sufficient funds to satisfy the decretal sum claimed. The Garnishee also indicates that it is ready to release the attached funds upon the issuance of a Garnishee Order Absolute. 5. The decree is undisputed, the application is unopposed, and the Garnishee has acknowledged holding sufficient funds to satisfy the decretal sum. There is therefore no impediment to making the Garnishee Order Nisi absolute. 6. The application consequently succeeds. I make the following orders— 7. **The Garnishee Order Nisi issued on 20th April 2026 is hereby made absolute.** 8. **Safaricom PLC shall, within seven (7) days of service of this order, pay to the Decree Holder, Ouma Maurice Otieno t/a O.M. Otieno & Company Advocates, the sum of KES. 458,417.46, together with any interest payable under the decree, from monies held on behalf of the Judgment Debtor in Pay Bill Number 545400, Till Number 4106404 maintained by the Garnishee in the name of the Judgment Debtor sufficient to satisfy the decree.** 9. **Upon compliance with Order 2 above, the Garnishee shall stand discharged from these garnishee proceedings.** 10. **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**