Ocharo Kebira & Co Advocates v African Merchant Assurance Co Ltd & 2 others (Civil Miscellaneous E073 of 2024) [2026] KEHC 7830 (KLR) (30 April 2026) (Ruling) Neutral citation: [2026] KEHC 7830 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CIVIL MISCELLANEOUS E073 OF 2024 E OMINDE, J APRIL 30, 2026 BETWEEN OCHARO KEBIRA & CO ADVOCATES ................................... DECREE HOLDER AND AFRICAN MERCHANT ASSURANCE CO LTD ........................... RESPONDENT AND SAFARICOM PLC .............................................................................. 1ST GARNISHEE BANK OF AFRICA ........................................................................... 2ND GARNISHEE RULING 1. Before this court is an application by the applicant dated 6th March, 2026 brought Under Order 23 Rule 1,2,8 and 9, Order 1A, 1B & 3A of the Civil Procedure Act and all enabling Provisions of Law seeking the following orders: a. Spent b. That an Order Nisi, restraining any debiting of Safaricom Mpesa till Number 6716100 and Mpesa till number 545400 held by the 1st Garnishee and Bank Account No. 01011xxxxxx held by the 2nd Garnishee and/or any other account held by the Judgment-debtor with the Garnishees do issue and the same be served upon the Garnishees and the Judgment Debtor at least Seven (7) Days before hearing hereof. c. That the Garnishees herein, Safaricom Plc & Bank Of Africa do attend court on a date to be fixed to show cause why they should not pay the Decree-holder the sum of Kshs 347,826.20 from monies held on behalf of the Judgment-debtor from the above-mentioned account or so much thereof as may be sufficient to satisfy the decree herein. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7830/eng@2026-04-30 1
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d. That this honorable court be pleased to make a Garnishee Order absolute that, the sum of Kshs. 347,826.20 such sums or debts as are sufficient to answer the decree obtained by the Decreeholder against the Judgment-debtor, or the unsatisfied part thereof owing or accruing due from the Garnishees, Safaricom Plc And Bank Of Africa, to the Judgment-debtor be attached to answer the decree passed herein against the Judgment-debtor. e. That costs of Kshs. 50,000/= of this Garnishee application be borne by the Judgment-debtor/ Respondent. 2. The application is supported by the grounds on the face of it and an affidavit sworn by Eric Ntabo on the 6th March, 2026. 3. At the hearing, the applicant stated that their application was served upon the respondents on 27/3/2026 and their affidavit of service is dated 30/3/2026. The garnishee has confirmed the availability of funds to satisfy the decretal sums. She prays that the application be allowed as prayed and that the said order applies to all the 29 files in the series. 4. Miss Ojonga for the 1st Garnishee did file a replying affidavit dated 15/04/2026 in which she confirms that the 1st Garnishee holds sufficient funds to satisfy the decretal sum in the entire series of 29 files as there was no objection to the Decree Nisi in the entire series being made absolute. She prays that the costs of the Garnishee in the entire series be borne by the Judgment-debtor. 5. Mr. Akiso for the 2nd Garnishee also filed a replying affidavit sworn on 12/4/2026. He states that the Judgment Debtor has not been operating the account held by the Bank of Africa on behalf of the Judgment-debtor and the account has been dormant for a long time. They attached the relevant bank statements. Counsel states that they brought the matter to the attention of the Judgment-debtor on 8/03/2026 before they filed their replying affidavit on all the 29 matters. He therefore prays that the Judgment-debtor bears the 2nd Garnishees costs and they be discharged. 6. The applicant’s application dated 11/2/2026 is considered. I have also perused the affidavit of service and I am satisfied that the Judgment debtor was duly served. In this regard, the application is allowed in the following terms; I. An order is now hereby issued to make a Garnishee Order absolute that, the sum of Kshs. 347,826.20 such sums or debts as are sufficient to answer the decree obtained by the Decreeholder against the Judgment-debtor, or the unsatisfied part thereof owing or accruing due from the Garnishees, SAFARICOM PLC to the Judgment-debtor be attached to answer the decree passed herein against the Judgment-debtor II. The 2nd Garnishee being Bank of Africa is now hereby discharged. III. This order is to apply to the entire series of 29 files. IV. The Judgment-debtor is to pay the costs of this application as well as the costs of the 1st and 2nd garnishees in the entire series of 29 files. READ DATED AND SIGNED AT BUNGOMA ON 30TH DAY OF APRIL, 2026 E. OMINDE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7830/eng@2026-04-30 2
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