Mwangi v President Football Kenya Federation; KCB Bank Kenya Limited (Garnishee) (Cause 299 of 2016) [2025] KEELRC 1095 (KLR)
The bottom line
#A Kenyan court stayed a six-year-old garnishee order against KCB because the judgment debtor's account had no funds, sparing the bank from paying a debt it never held money for.
What this practically means
#Executive summary
#Key legal issues
#Whether the Garnishee Order Absolute of 24th April 2019 should be stayed or set aside
The order was stayed because the garnishee proved there were no funds in the judgment debtor's account capable of attachment
The court noted the garnishee was allegedly never served with the Order Nisi or the application leading to the Order Absolute, and only became aware of the matter when served on 19th December 2024. The garnishee exhibited a bank statement dated 1st November 2020 showing no funds in account 1180172760. Applying the two-stage garnishee framework and the burden-shifting principle, the court found the garnishee had proved insufficient funds, justifying a stay of execution rather than a de novo hearing.
Burden of proof on a garnishee disputing indebtedness
Once the decree-holder alleges the garnishee's indebtedness, the burden shifts to the garnishee to provide robust, clear and persuasive evidence that the funds are not owed or payable
Relying on Lesinko Njoroge & Gathogo Advocates v Invesco Assurance Co, the court applied the principle that the judgment creditor presents allegations of the garnishee's indebtedness backed by credible evidence, after which the burden shifts to the garnishee. The garnishee discharged this burden by exhibiting the judgment debtor's account statement showing a nil balance and that the account was closed in 2020.
Legal principles established
#- Garnishee proceedings have two stages: an ex parte stage (order nisi) and a show-cause stage (order absolute), at which the garnishee becomes liable only if it holds funds to the credit of the judgment debtor
- Where a garnishee tenders credible evidence, such as an account statement, showing no funds held to the credit of the judgment debtor, the decree-holder's application fails
Court orders
#- 1.Stay of the Garnishee Order Absolute issued on 24th April 2019
- 2.Each party to meet their respective costs
- Jurisdiction invoked
- Order 22 Rule 22(1), Order 23 Rules 1(1), 5, 9 and 10, Order 51 Rule 1 of the Civil Procedure Rules; sections 1A(1), 3A and 63(e) of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mwangi v President Football Kenya Federation; KCB Bank Kenya Limited (Garnishee) (Cause 299 of 2016) [2025] KEELRC 1095 (KLR)", Case Analysis (2025). Notice of Motion dated 7th January 2025 (Garnishee proceedings). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1095/eng@2025-04-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.