Nelson Othoo v Kenya Union of Water and Sewerage Employees & Co-operative Bank of Kenya Limited (Garnishee)
The bottom line
#A Kenyan court confirmed banks can be ordered to pay out whatever is in a debtor's account, even if it covers only part of the judgment debt.
What this practically means
#Executive summary
#Key legal issues
#Whether garnishee absolute can issue for part performance of the decree
Yes. Order 23 rule 1 and Appendix A Form 18 of the Civil Procedure Rules contemplate a garnishee order absolute where the garnishee owes less than the judgment debt; holding otherwise would be absurd.
The court extracted the key words of Order 23 rule 1 and noted Form 18 expressly provides for a Garnishee Order (Absolute) where the garnishee owes less than the judgment debt. It found it absurd to deny the order merely because the balance was insufficient, and was persuaded by the High Court decision in Copitex Knitwear Mills Ltd where an order absolute followed on a partial balance.
Extent of a bank garnishee's liability under an order absolute
A bank garnishee is liable only for what it actually owes the judgment debtor at the time of attachment; funds released satisfy the decree only to the extent recovered.
The court held that a garnishee absolute attaches whatever credit balance exists at the time the order is served or made final, up to the decree total plus costs and interest. Where the balance is less than the debt, the bank pays over the available sum towards partial satisfaction, and the judgment debtor remains liable for the balance.
Legal principles established
#- A Garnishee Order Absolute may issue where the garnishee holds less than the judgment debt; it attaches whatever credit balance exists up to the decree amount, and does not discharge the judgment debtor from paying the balance
- Garnishee proceedings are an execution process available to a decree-holder until the decree is satisfied
Court orders
#- 1.The Garnishee Order Nisi of 3rd August 2026 made Absolute
- 2.The garnishee, after deducting Kshs. 15,000 for its costs, to forthwith pay to the decree-holder from all monies held in account no. 01120201219200 at the Buruburu branch towards satisfaction of the debt of Kshs. 6,146,564.49, and in default thereof execution may issue
- 3.Kshs. 15,000, the costs of the decree-holder in the application, added to the amount of the decree and retained out of the money recovered under the order, in priority to the amount of the decree
- Jurisdiction invoked
- Order 23 of the Civil Procedure Rules (garnishee proceedings in execution of a decree issued by this Court)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nelson Othoo v Kenya Union of Water and Sewerage Employees & Co-operative Bank of Kenya Limited (Garnishee)", Case Analysis (2026). ELRC Judicial Review No. E027 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2711/eng@2026-10-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.