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ELCAllowedNot stated in the judgment· [2026] KEELC 1140 (KLR)

Ouya (Suing as the Personal Representative of the Estate of Faith Judith Ouya) v Kuriah & another; Equity Bank Kenya (Garnishee) (Environment and Land Miscellaneous Case E007 of 2025) [2026] KEELC 1140 (KLR)

High Court of Kenya
26 February 2026
1,220 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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The decree holder moved the High Court at Mombasa by notice of motion dated 24.11.2025 under Order 23 Rules 1, 2, 9 & 10 and Order 51 Rule 1 of the Civil Procedure Rules, together with Sections 1A and 1B of the Civil Procedure Act, seeking a garnishee order compelling Equity Bank Limited, Nyali Branch, to release Kshs 433,815/= from a USD account held by the 1st judgment debtor to settle a decretal sum taxed in Mombasa Court of Appeal Civil Appeal No. 64 of 2019 (Dickens Ouya & another v Esther Gathoni Gicimu & another), the certificate of taxation having been adopted as a judgment and decree of the court. The garnishee opposed through a replying affidavit sworn by Stanley Irungu, contending that the application was defective for failing to specify the bank account to be attached and that the orders could not be effected without an identifiable account. The court canvassed the motion on written submissions and framed two issues: whether a proper case for a garnishee order was established, and costs. Holding that the garnishee had not expressly denied the existence of the 1st judgment debtor's account, and applying the Lesinko Njoroge decision on the shifting burden of proof, the court found the failure to identify a specific account immaterial at this stage and made the garnishee order nisi absolute. Execution was directed against Equity Bank Limited, with costs of the garnishee proceedings recoverable from the attached accounts.

Key legal issues

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01

Whether the decree holder established a proper case for a garnishee order despite not specifying the account number

Holding

Yes; the garnishee did not deny the existence of the 1st judgment debtor's USD account at its Nyali Branch, so the order nisi was made absolute.

Reasoning

The court accepted that the certificate of taxation had been converted into a decree and remained unsatisfied. The garnishee's only objection was the failure to specify the account number, but it did not dispute that the 1st judgment debtor holds a USD account at its Nyali Branch or any other branch. Following Lesinko Njoroge, the burden shifted to the garnishee once the decree holder alleged indebtedness; the garnishee produced no evidence. Whether the funds satisfy the decree is a question of fact, unnecessary to determine at this stage.

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02

Costs of the garnishee proceedings

Holding

The decree holder, being successful, recovers the costs of the garnishee proceedings from the attached accounts.

Reasoning

Applying the proviso to Section 27 of the Civil Procedure Act, costs follow the event and a successful party ordinarily receives costs unless the court directs otherwise for good reason. No reason was advanced to depart from the general rule, and the costs are recoverable from the attached accounts.

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Legal principles established

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  • The decree holder need only allege the garnishee's indebtedness on sound evidence; the burden then shifts to the garnishee to prove otherwise with strong, sufficient and convincing evidence.
  • A garnishee order nisi may be made absolute where the garnishee does not expressly deny holding an account of the judgment debtor; whether the funds satisfy the decretal sum is a question of fact not requiring inquiry at that stage.

Court orders

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  1. 1.The Garnishee Order made on 26.11.2025 is hereby made absolute.
  2. 2.Execution be and is hereby issued against the Garnishee (Equity Bank Limited) directing it to pay the amounts in account held in the names of Purity Wangui Kuriah towards the satisfaction of the decree.
  3. 3.The decree holder shall recover the costs of these garnishee proceedings from the said accounts.

Authorities

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Legislation

  • Civil Procedure RulesOrder 23 Rules 1, 2, 9 & 10
  • Civil Procedure RulesOrder 51 Rule 1
  • Civil Procedure ActSections 1A and 1B
  • Civil Procedure Act (Cap 21)Section 27 (proviso)

Cases cited (1)

  • Lesinko Njoroge & Gathogo Advocates v Invesco Assurance Co; Co-operative Bank of Kenya (Garnishee)
    [2020] KEHC 8931 (KLR)
Jurisdiction invoked
Order 23 Rules 1, 2, 9 & 10 and Order 51 Rule 1 of the Civil Procedure Rules, Sections 1A and 1B of the Civil Procedure Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ouya (Suing as the Personal Representative of the Estate of Faith Judith Ouya) v Kuriah & another; Equity Bank Kenya (Garnishee) (Environment and Land Miscellaneous Case E007 of 2025) [2026] KEELC 1140 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1140/eng@2026-02-26

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.