Otieno t/a OM Otieno & Co Advocates v Africa Merchant Assurance Company Ltd & another (Civil Miscellaneous E037 of 2022) [2026] KEHC 13229 (KLR) (16 July 2026) (Ruling)

Otieno t/a OM Otieno & Co Advocates v Africa Merchant Assurance Company Ltd & another (Civil Miscellaneous E037 of 2022) [2026] KEHC 13229 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEHC 13229 (KLR) Republic of Kenya In the High Court at Nyamira Civil Miscellaneous E037 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 AN ADVOCATE-CLIENT BILL OF COSTS 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.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 is brought under Order 23 Rule 1 of the Civil Procedure Rules for the attachment of monies held by the Garnishee, Safaricom PLC, on behalf of the Judgment Debtor, Africa Merchant Assurance Company Limited, in satisfaction of the decretal sum. 2.The application is supported by the affidavit of Ouma Maurice Otieno, sworn on 15th April 2026, together with the annexures thereto. The Decree Holder contends that the Judgment Debtor has failed to satisfy the decree despite demand and that the Garnishee holds funds belonging to the Judgment Debtor through Till Account Numbers 545400 and 4106404, or such other accounts maintained on its behalf, which are amenable to attachment. 3.This Court issued a Garnishee Order Nisi on 20th April 2026 requiring the Garnishee and the Judgment Debtor to show cause on 28th May 2026 why the order should not be made absolute. An Affidavit of Service sworn on 18th May 2026 confirms that both were duly served, the Garnishee on 23rd April 2026 and the Judgment Debtor and its advocates by electronic mail on 29th April 2026. 4.In response, the Garnishee filed a Replying Affidavit sworn by Stella Mutindi Mutua on 25th May 2026. The Garnishee confirms that the Judgment Debtor operates Till Number 4106404, which is aggregated under Organisational Short Code 6716100, and that the said short code holds sufficient funds to satisfy the decretal sum. It further undertook to release the decretal sum within seven (7) days of service of a Garnishee Order Absolute, subject only to its claim for costs, and thereafter be discharged from the proceedings. 5.The Judgment Debtor neither filed any response to the application nor appeared to contest the proceedings, notwithstanding having been duly served. 6.Where a garnishee admits holding sufficient funds to satisfy an unsatisfied decree, and no legal impediment exists, the Court is entitled to make the Garnishee Order Nisi absolute. 7.Accordingly, I find the Chamber Summons dated 15th April 2026 to be merited and I make the following orders—1.The Garnishee Order Nisi issued 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 decretal sum of KES. 234,291.21, together with any accrued interest lawfully payable under the decree, out of the funds held on behalf of the Judgment Debtor in Till Number 4106404, aggregated under Organisational Short Code 6716100, sufficient to satisfy the decree.3.Upon effecting payment in accordance with Order 2 above, the Garnishee shall stand discharged from these garnishee proceedings.4.The costs of the garnishee proceedings shall be borne by the Judgment Debtor. DELIVERED AT NYAMIRA THIS 16TH 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