Otieno t/a OM Otieno & Company Advocates v Africa Merchant Assurance Company Limited; Safaricom Plc (Garnishee) (Miscellaneous Civil Application E030 of 2021) [2025] KEHC 14145 (KLR) (9 October 2025) (Ruling) Neutral citation: [2025] KEHC 14145 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BOMET MISCELLANEOUS CIVIL APPLICATION E030 OF 2021 JK NG'ARNG'AR, J OCTOBER 9, 2025 BETWEEN OUMA MAURICE OTIENO T/A OM OTIENO & COMPANY ADVOCATES ............................................................................................. APPLICANT AND AFRICA MERCHANT ASSURANCE COMPANY LIMITED ....... RESPONDENT AND SAFARICOM PLC .................................................................................... GARNISHEE RULING 1. 2. The Applicant filed a Chamber Summons Application dated 22nd July 2025 which sought the following orders: I. Spent. II. That at the inter parties and/or further hearing of this Application, the Garnishee nisi be made absolute and the monies attached be released to the Decree Holder/Advocate/Applicant, O.M Otieno & Company Advocates to satisfy the decretal sum outstanding at the time of determination of these proceedings. III. That costs of this Application be provided for. The Application was brought under the provisions of Order 23 Rule 1(1) of the Civil Procedure Rules and sections 1A, 1B and 3A of the Civil Procedure Act and it was based on the grounds on the face of the Application and further by the Supporting Affidavit sworn by Ouma Maurice Otieno Advocate on 22nd July 2025. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14145/eng@2025-10-09 1
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3. In the lead file being Misc. Civil Application Number E020 of 2021, Ouma Maurice Otieno t/a O.M Otieno & Co. Advocates vs Africa Merchant Assurance Co. Ltd & another, this court directed that the order arising from the referenced file shall apply to this file. 4. In its Replying Affidavit dated 29th September 2025 sworn by Stella Mutindi Mutua, the Garnishee’s Senior Merchant Officer in the Enterprise Channels Department, M-pesa services, the Garnishee stated that Till Number xxxxx was held and operated by the Respondent. The Garnishee further stated that upon 4 days of the receipt of the Garnishee Absolute, it shall release Kshs 296,981/= to the Applicant. 5. Flowing from the above, I make the following orders: I. An order for Garnishee Absolute is issued against Safaricom PLC that all monies belonging to the Judgement Debtor (Africa Merchant Assurance Company Limited) and held by the Garnishee in Till Account Number xxxxxx be attached to recover Kshs 296,981/= owed to the Applicant by the Respondent. II. Each party shall bear their own costs in this Application. RULING DELIVERED, DATED AND SIGNED AT BOMET THIS 9TH DAY OF OCTOBER, 2025. .......................... J.K.NG’ARNG’AR JUDGE Ruling delivered in the presence of; Siele and Susan (Court Assistants). O.M. Otieno for the Appellant Munyoki for the Respondent https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14145/eng@2025-10-09 2
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