Ocharo Kebira & Co Advocates v African Merchant Assurance Co Ltd & 2 others (Civil Miscellaneous E035 of 2025) [2026] KEHC 7918 (KLR) (30 April 2026) (Ruling) Neutral citation: [2026] KEHC 7918 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CIVIL MISCELLANEOUS E035 OF 2025 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. 0xxxxxxxxx1 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 115,053.90/= 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/2026/7918/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. 115,053.90/= 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 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 6th March, 2026. 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 1st garnishee did file a replying affidavit dated 15th April 2026 in which she confirms that the 1st 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. Mr. Akiso for the 2nd garnishee also filed a replying affidavit sworn on 12th April, 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 8th March 2026 before they filed their replying affidavit. He therefore prays that the judgment-debtor bears the 2nd garnishees costs and they be discharged. 6. The applicant’s application dated 6th March, 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. The order of decree nisi herein issued is now hereby made absolute as against the 1st garnishee Safaricom PLC. ii. A garnishee order absolute is now hereby issued and the sum of Kshs. 115,053.90/= 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 2nd garnishee Bank of Africa is now hereby discharged. iv. The judgment-debtor is to pay costs of the garnishee Safaricom PLC and Bank of Africa. v. 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/2026/7918/eng@2026-04-30 2
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