REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA MISC. CIVIL APPLICATION NO. E042 OF 2024 IN THE MATTER OF THE ADVOCATES ACT CAP 16 OF THE LAWS OF KENYA AND IN THE MATTER OF THE TAXATION OF BILL OF COSTS OCHARO KEBIRA & CO. ADVOCATES…………DECREE HOLDER/APPLICANT VERSUS AFRICA MERCHANT ASSURANCE CO. LTD…………………………………………… JUDGMENT-DEBTOR/RESPONDENT AND SAFARICOM PLC……………………………………………..……………. GARNISHEE RULING 1. This matter is coming up for ruling on an application by the applicant, Ocharo Kebira & Co. Advocates, dated 21st May 2026, brought pursuant to Order 23 rule 1, 2, 8 and 9, Order 49 Rule 1, 2, 5 and 7, Order 50 Rule 1 of the Civil Procedure Rules and Section 1A, 1B and 3A of the Civil Procedure Act, seeking orders; a. That service hereof be dispensed with, and this application be heard ex parte in the first instance. 1|Page BUNGOMA HCMISCA NUMBER E042 OF 2024
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b. Spent. c. That the Garnishee herein, SAFARICOM PLC, do attend court on a date to be fixed to show cause why they should not pay to the decree-holder the sum of Kshs. 204,560.7 being the decretal amount plus costs of the dismissed application dated 8/10/25 from monies held on behalf of the judgment-debtor in the above-mentioned account or so much thereof as may be sufficient to satisfy the decree herein. d. That the Garnishee herein, SAFARICOM PLC do attend court on a date to be fixed to show cause why they should not pay to the decree-holder the sum of Kshs. 204,560.7 being the decretal amount plus costs of the dismissed application dated 8/10/25 from monies held on behalf of the judgment-debtor in the above-mentioned account or so much thereof as may be sufficient to satisfy the decree herein. e. That costs of Kes 100,000/= of this garnishee application be borne by the judgment-debtor. 2. The application is supported by the grounds on the face of it and the Affidavit of Eric Ntabo sworn on 21st May 2026. 3. However, upon retiring to prepare this Ruling, the court noted that the parties had filed a Consent dated 22nd June 2026, executed by counsel for the Decree Holder/Applicant, the Judgment-Debtor/Respondent, and the Garnishee. Upon perusal of the said Consent, I noted that it comprehensively addresses all the matters that were the subject of the 2|Page BUNGOMA HCMISCA NUMBER E042 OF 2024
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application and of the submissions canvassed at the hearing of 18th June 2026, including the standing of the counsel for the Judgment-Debtor, the quantum outstanding, and the costs of the garnishee proceedings, both in this file and across the series of related files and therefore rendering the court’s intended ruling otiose 4. In the premises, the issues earlier canvassed at the hearing of 18th June 2026, namely, the standing of the firm of Ajaa Olubayi & Company Advocates, the disputed assertion of part-payment, and the quantum of costs, have now been overtaken by events as the same have been resolved by the parties' own Consent. In this regard, the said Consent, dated 22nd June 2026, is now hereby adopted as the Order of this Court, in the terms therein stated as follows; a) That the Garnishee is hereby ordered to release Kshs. 10,310,631.60/=, being the decretal sum together with costs of Kshs. 10,000/= in this matter and in HCCMISC Nos. E061/2024, E055/2024, E050/2024, E045/2024, E126/2024, E123/2024, E124/2024, E122/2024, E135/2024, E145/2024, E133/2024, E130/2024, E134/2024, E132/2024, E129/2024, E120/2024, E131/2024, E121/2024, E127/2024, E143/2024, E142/2024, E144/2024, E141/2024, E140/2024, E137/2024, E136/2024, E100/2024, E065/2024, E060/2024, E059/2024, E054/2024, E052/2024, E051/2024, E047/2024, E046/2024, E044/2024, E049/2024 and E043/2024. b) That the Garnishee's costs are hereby agreed at Kshs. 10,000/= per file. 3|Page BUNGOMA HCMISCA NUMBER E042 OF 2024
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c) That the entire series of 41 files be and are hereby marked as settled upon the release of the funds. d) That the Garnishee, the Decree Holder, and the JudgmentDebtor shall bear their own further costs of these garnishee proceedings, save as already provided for in order (b) above. Read, Dated and Signed at BUNGOMA on 30th day of July 2026. E. OMINDE JUDGE 4|Page BUNGOMA HCMISCA NUMBER E042 OF 2024
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