Otieno t/a OM Otieno & Co Advocates v Africa Merchant Assurance Company Ltd & another (Civil Miscellaneous E035 of 2022) [2026] KEHC 13232 (KLR) (16 July 2026) (Ruling)

Otieno t/a OM Otieno & Co Advocates v Africa Merchant Assurance Company Ltd & another (Civil Miscellaneous E035 of 2022) [2026] KEHC 13232 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEHC 13232 (KLR) Republic of Kenya In the High Court at Nyamira Civil Miscellaneous E035 of 2022 TW Cherere, J July 16, 2026 IN THE MATTER OF THE ADVOCATES ACT, CAP. 16 OF THE LAWS OF KENYA AND IN THE MATTER OF THE TAXATION OF ADVOCATE-CLIENT BILL OF COST Between Ouma Maurice Otieno T/A OM Otieno & Co Advocates Decree holder and Africa Merchant Assurance Company Limited Judgment debtor and Safaricom Plc Garnishee Ruling 1.Before the court is the Chamber Summons dated 15th April 2026 by which the Decree Holder seeks an order that the Garnishee Order Nisi issued herein be made absolute against the Garnishee, Safaricom PLC, in satisfaction of the decretal sum due under the decree. The application is supported by the Supporting Affidavit of Ouma Maurice Otieno sworn on the same date. 2.The application arises from the taxation of the Advocate-Client Bill of Costs in favour of the Decree Holder. Following the entry of judgment and issuance of a decree on 03rd July 2023, the decretal sum remained unpaid, prompting the Decree Holder to institute these garnishee proceedings on the basis that the Garnishee held monies belonging to the Judgment Debtor. 3.Upon considering the application, the court on 20th April 2026 issued a Garnishee Order Nisi attaching monies held by the Garnishee on behalf of the Judgment Debtor and directed that the application together with the order be served upon both the Garnishee and the Judgment Debtor for hearing on 28thMay 2026. 4.An Affidavit of Service sworn by Ouma Maurice Otieno on 18th May 2026 confirms that the Garnishee Order Nisi together with the Chamber Summons were served upon the Garnishee on 23rd April 2026 and upon the Judgment Debtor through its advocates on 29th April 2026. Although duly served, the Judgment Debtor neither filed a response nor appeared to oppose the application. 5.The Garnishee opposed neither the application nor the relief sought. Instead, by the Replying Affidavit of Stella Mutindi Mutua sworn on 25th May 2026, it confirmed that the Judgment Debtor operates Till Number 4106404, aggregated under Organisational Short Code 6716100, and that the account holds sufficient funds to satisfy the decretal sum of KES. 247,346.25. The Garnishee further expressed its readiness to release the said amount upon the issuance of a Garnishee Order Absolute and sought to be discharged from the proceedings thereafter. 6.I have considered the application, the affidavits on record and the material placed before the court. The issue for determination is whether the Garnishee Order Nisi issued on 20th April 2026 should be made absolute. 7.Under Order 23 of the Civil Procedure Rules, where a garnishee admits holding funds belonging to the judgment debtor sufficient to satisfy an unsatisfied decree, and no sufficient cause is shown, the Court may make the Garnishee Order Nisi absolute. 8.In the present case, the decree remains unsatisfied, the application is unopposed, and the Garnishee has admitted holding sufficient funds to satisfy the decretal sum. The Decree Holder is accordingly entitled to the orders sought. 9.Consequently, the Chamber Summons dated 15th April 2026 is merited and is allowed. I accordingly make the following orders:1.The Garnishee Order Nisi issued by this court on 20th April 2026 is hereby made absolute.2.The Garnishee, Safaricom PLC, shall, within seven (7) days of service of this order, pay to the Decree Holder the sum of KES. 247,346.25, together with interest thereon at the rate provided in the decree until payment in full, from funds held on behalf of the Judgment Debtor in Till Number 4106404, aggregated under Organisational Short Code 6716100, being the account admitted by the Garnishee to hold sufficient funds to satisfy the decretal sum.3.Upon payment of the decretal sum in accordance with Order 2 above, the Garnishee shall stand discharged from these garnishee proceedings.4.The Judgment Debtor shall bear the costs of the garnishee proceedings. DELIVERED AT NYAMIRA THIS16TH DAY OF JULY 2026WAMAE.T. W. CHEREREJUDGEAppearancesCourt Assistant – HildaFor the DH/Applicant – Mr. Ouma for O.M. Otieno & Co. AdvocatesFor the JD/Respondent – N/AFor the Garnishee – Mr. Ojonga for Meritad Law Africa LLP