REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAMIRA (CHERERE-J) HCCCMISC E085 OF 2022 IN THE MATTER OF THE ADVOCATES ACT, CAP. 16 OF THE LAWS OF KENYA AND IN THE MATTER OF THE TAXATION OF AN ADVOCATECLIENT BILL OF COSTS BETWEEN OUMA MAURICE OTIENO t/a O.M. OTIENO & CO. ADVOCATES............................................DECREE HOLDER/APPLICANT AND AFRICA MERCHANT ASSURANCE COMPANY LIMITED......................................JUDGMENT DEBTOR/RESPONDENT AND SAFARICOM PLC........................................................................GARNISHEE RULING 1. The Court is called upon to determine the Chamber Summons dated 15th April 2026 in which the Decree Holder, Ouma Maurice Otieno t/a O.M. Otieno & Company Advocates, seeks to have the Garnishee Order Nisi issued on 20 th April 2026 confirmed against Safaricom PLC for payment of the decretal sum of KES. 241,820.55 due from the Judgment Debtor, Africa Merchant Assurance Company Limited. The application is expressed under Order 23 Rule 1 of the Civil Procedure Rules and is supported by the affidavit of Ouma Maurice Otieno sworn on 15th April 2026.
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2. Upon being satisfied that a proper case had been made for commencement of garnishee proceedings, the Court issued a Garnishee Order Nisi on 20 th April 2026, attaching monies held by the Garnishee on behalf of the Judgment Debtor and directing both the Garnishee and the Judgment Debtor to appear and show cause why the order should not be made absolute. 3. The Affidavit of Service sworn on 18th May 2026 demonstrates that the Garnishee was served on 23 rd April 2026, while the Judgment Debtor was served through its advocates on 29 th April 2026. The Judgment Debtor did not respond to the application and did not appear before the Court. 4. By the Replying Affidavit sworn by Stella Mutindi Mutua on 24th May 2026, the Garnishee admitted that Till Number 4106404 is held and operated by the Judgment Debtor and is sufficiently funded to satisfy the decretal sum of KES. 241,820.55. The Garnishee further undertook to release the decretal sum within seven (7) days of service of a Garnishee Order Absolute. 5. The effect of the Garnishee's response is that there is no dispute either as to the existence of the funds or their sufficiency to satisfy the decree. Equally, the Judgment Debtor has not appeared to contest the application despite
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having been duly served. In those circumstances, there is no legal impediment to the confirmation of the Garnishee Order Nisi. 6. Accordingly, the Chamber Summons dated 15th April 2026 succeeds and I make the following orders— 1) The Garnishee Order Nisi issued on 20th April 2026 is hereby made absolute. 2) The Garnishee, Safaricom PLC, shall, within seven (7) days of service of this order, pay to the Decree Holder, Ouma Maurice Otieno t/a O.M. Otieno & Company Advocates, the sum of KES. 241,820.55, together with interest as provided in the decree, out of the funds held on behalf of the Judgment Debtor in Till Number 4106404. 3) Upon payment of the decretal sum in accordance with Order 2 above, the Garnishee shall stand discharged from these proceedings. 4) The Judgment Debtor, Africa Merchant Assurance Company Limited, shall bear the costs of the garnishee proceedings. DELIVERED AT NYAMIRA THIS July 2026 WAMAE.T. W. CHERERE JUDGE 16th DAY OF
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Appearances Court Assistant For the DH/Applicant – Hilda – Mr. Ouma for O.M. Otieno & Co. Advocates For the JD/Respondent – N/A For the Garnishee Africa LLP – Mr. Ojonga for Meritad Law
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