Otieno t/a OM Otieno & Company Advocates v Company Limited; Safaricom Plc (Garnishee) (Miscellaneous Civil Application E009 of 2022) [2025] KEHC 15524 (KLR) (29 October 2025) (Ruling) Neutral citation: [2025] KEHC 15524 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BOMET MISCELLANEOUS CIVIL APPLICATION E009 OF 2022 JK NG'ARNG'AR, J OCTOBER 29, 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 9th September 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 9th September 2025. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15524/eng@2025-10-29 1
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3. In the lead file being Misc. Civil Application Number E004 of 2022, 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 15th October 2025 sworn by Cerere Kihoro, the Garnishee’s legal counsel, the Garnishee stated that Till Number 4106404 was held and operated by the Respondent. The Garnishee further stated that it held Kshs 172,120/= in a special utility account and that its compliance was pegged on the availability of funds in the Respondent’s M-pesa account. 5. It was the Garnishee’s response that it was ready and willing to release the funds to the Applicant net of its legal costs of Kshs 35,000/=. 6. 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 4106404 be attached to recover Kshs 172,120/= 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 29TH DAY OF OCTOBER, 2025. ……………………………………. HON. JULIUS K. NG’ARNG’AR JUDGE Ruling delivered in the presence of: Siele/Susan (Court Assistants). Otieno for the Applicant Mugumya for the Respondent Metale for the Garnishee https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15524/eng@2025-10-29 2
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