Musungu t/a Musungu Pekke & Co. Advocates v Africa Merchant Assurance Co. Ltd (AMACO) & 2 others (Miscellaneous Application E042 of 2024) [2026] KEHC 7732 (KLR) (8 June 2026) (Ruling) Neutral citation: [2026] KEHC 7732 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI MISCELLANEOUS APPLICATION E042 OF 2024 A MSHILA, J JUNE 8, 2026 BETWEEN FREDRICK T. MUSUNGU T/A MUSUNGU PEKKE & CO. ADVOCATES ............................................................................................. APPLICANT AND AFRICA MERCHANT ASSURANCE CO. LTD (AMACO) ........... RESPONDENT AND SIDIAN BANK LTD ........................................................................... 1ST GARNISHEE SAFARICOM PLC ............................................................................. 2ND GARNISHEE RULING 1. The Notice of Motion is dated 5th June 2026. The matter was not certified as urgent and prayer No. 1 is marked as spent. 2. The Applicant seeks to enjoin Sidian Bank as a Garnishee/Interested Party and also Safaricom PLC as Garnishee and Interested Party. The Respondent was present and was not opposed. 3. Therefore, the prayer is hereby allowed – Sidian Bank LTD is hereby enjoined to these proceedings as 1st Garnishee/Interested Party. Safaricom PLC is hereby enjoined to these proceedings as 2nd Garnishee/ Interested Party. 4. Pending hearing and determination of the application, an interim Garnishee Order Nisi is hereby issued directing Sidian Bank LTD not to release the monies set in prayer 3 of the Notice of Motion. 5. Safaricom PLC – A Garnishee Order Nisi is also issued directing Safaricom PLC not to release any monied held in Paybil No. 415xxxx and Till No. 410xxxx. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7732/eng@2026-06-08 1
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Orders accordingly. DATED, SIGNED AND DELIVERED THIS 8TH DAY OF JUNE 2026 IN OPEN COURT AT VOI HIGH COURT. A. MSHILA JUDGE In the presence of:Court Assistant: Trizah/Eghwa Musungu for the Applicant Ombayi for the Respondent/Judgment Debtor https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7732/eng@2026-06-08 2
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