Ocharo Kebira & Co. Advocates v African Merchant Assurance Co. Ltd & another (Civil Miscellaneous E115 of 2024) [2026] KEHC 7873 (KLR) (30 April 2026) (Ruling) Neutral citation: [2026] KEHC 7873 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CIVIL MISCELLANEOUS E115 OF 2024 E OMINDE, J APRIL 30, 2026 BETWEEN OCHARO KEBIRA & CO. ADVOCATES ............................................. APPLICANT AND AFRICAN MERCHANT ASSURANCE CO. LTD ........................... RESPONDENT AND SAFARICOM PLC .................................................................................... GARNISHEE RULING 1. Before this court is an application by the applicant dated 11th December 2025 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 Paybill Number 6716100 held by the 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 Garnishee herein, SAFARICOM PLC do attend court on a date to be fixed to show cause why they should not pay the Decree-holder the sum of Kshs 132,497.50/= 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. d. That this honorable court be pleased to make a Garnishee Order absolute that, the sum of Kshs. 132,497.50/= such sums or debts as are sufficient to answer the decree obtained by the Decree-holder against the Judgment-debtor, or the unsatisfied part thereof owing or accruing https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7873/eng@2026-04-30 1
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due from the Garnishee, SAFARICOM PLC to the Judgment-debtor be attached to answer the decree passed herein against the Judgment-debtor. e. That costs of Kshs. 80,000/= of this Garnishee application shall be borne by the Judgmentdebtor/Respondent. 2. The application is supported by the grounds on the face of it and the Affidavit of Eric Ntabo sworn on the 11th December, 2025. 3. At the hearing, the applicant stated that their application was served upon the respondents on 27th March 2026 and their affidavit of service is dated 30th March 2026. The garnishee has confirmed the availability of funds to satisfy the decretal sums. She prays that the application be allowed as prayed. 4. Miss Ojonga for the Garnishee did file a replying affidavit dated 15th April 2026 in which she confirms that the Garnishee holds sufficient funds to satisfy the decretal sum as there was no objection to the Decree Nisi being made absolute. She prays that the costs of the Garnishee be borne by the Judgmentdebtor. 5. The applicant’s application dated 11th December, 2025 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. The order of Decree Nisi herein issued is now hereby made absolute as against the Garnishee SAFARICOM PLC. II. A Garnishee Order Absolute is now hereby issued and the sum of Kshs. 132,497.50/= or such sums or debts as are sufficient to answer the decree detained by the Decree-Holder against the Judgment-debtor, or the unsatisfied part thereof owing or accruing due from the Garnishee SAFARICOM PLC to the Judgment-debtor be attached to answer the decree passed herein against the Judgment-debtor III. The Judgment-debtor is to pay costs of the garnishee SAFARICOM PLC. IV. The Judgment debtor is also to pay the costs of this Application to the Applicant. READ DATED AND SIGNED AT BUNGOMA ON 30TH DAY OF APRIL, 2026 E. OMINDE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7873/eng@2026-04-30 2
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