Otieno t/a OM Otieno & Company Advocates v African Merchant Assurance Co Ltd & another (Civil Miscellaneous E039 of 2022) [2026] KEHC 4419 (KLR) (12 March 2026) (Ruling) Neutral citation: [2026] KEHC 4419 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CIVIL MISCELLANEOUS E039 OF 2022 TW CHERERE, J MARCH 12, 2026 BETWEEN OUMA MAURICE OTIENO T/A OM OTIENO & COMPANY ADVOCATES .................................................................................. DECREE HOLDER AND AFRICAN MERCHANT ASSURANCE CO LTD ............... JUDGMENT DEBTOR AND SAFARICOM PLC .................................................................................... GARNISHEE RULING 1. The Decree Holder seeks confirmation of the Garnishee Order Nisi issued on 16th December 2025 in respect of the decretal sum of KES. 220,130, being the amount then outstanding pursuant to the decree dated 16th September 2024 which adopted the taxed sum of KES. 125,167 together with interest at 14% per annum from 16th March 2022 until payment in full. 2. The Garnishee, through the Replying Affidavit sworn on 18th February 2026, confirms that Account Number 41xxxxx is operated by the Judgment Debtor and that sufficient funds have been set aside to satisfy the decretal amount. 3. No sufficient cause has been shown by the Judgment Debtor to prevent confirmation of the Order Nisi. 4. In exercise of the powers conferred under Order 23 Rules 1 and 3 of the Civil Procedure Rules, the Garnishee Order Nisi issued on 16th December 2025 is hereby made absolute in respect of funds held in M-Pesa Account Number 41xxxxx. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4419/eng@2026-03-12 1
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5. Safaricom PLC shall forthwith pay to the Decree Holder KES. 220,130 together with further interest at 14% per annum on the principal decretal sum of KES 125,167 from 16th December 2025, being the date of the Garnishee Order Nisi, until payment in full. 6. Costs of the garnishee proceedings shall be borne by the Judgment Debtor. 7. Upon full settlement, the Garnishee shall stand discharged. DELIVERED AT NYAMIRA THIS 12TH DAY OF MARCH, 2026 WAMAE.T. W. CHERERE JUDGE Appearances Court Assistant – Hilda For the DH/Applicant – Mr. Ouma for O.M. Otieno & Company Advocates For the JD/Respondent – N/A For the Garnishee – Ms. Otieno for Kairu & Mc Court Advocates https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/4419/eng@2026-03-12 2
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