REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAMIRA (CHERERE-J) HCCCMISC E083 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 Decree Holder's Chamber Summons dated 15 th April 2026 seeks an order that the Garnishee Order Nisi issued on 20 th April 2026 Safaricom be made absolute against PLC. The application is the Garnishee, supported by the Supporting Affidavit of Ouma Maurice Otieno sworn on the same date. 2. The application is founded on the ground that the decree remains unsatisfied and that the Garnishee holds funds belonging to the Judgment Debtor. Accordingly, the Court
page 1 of 3
issued a Garnishee Order Nisi directing the Garnishee and the Judgment Debtor to show cause why it should not be made absolute. 3. Although duly served with the application and the Garnishee Order Nisi, the Judgment Debtor neither filed a response nor appeared to oppose the application. The Garnishee, however, filed the Replying Affidavit of Stella Mutindi Mutua sworn on 25th May 2026, confirming that the Judgment Debtor operates Till Number 4106404, aggregated under Organisational Short Code 6716100, and that the account holds sufficient funds to satisfy the decretal sum. The Garnishee further indicated that it would release the decretal amount upon the issuance of a Garnishee Order Absolute. 4. I have considered the application, the affidavits on record and the applicable law. The decree remains unsatisfied and the Garnishee has expressly admitted holding sufficient funds belonging to the Judgment Debtor to satisfy the decretal sum. No sufficient cause has been shown why the Garnishee Order Nisi should not be made absolute. 5. Consequently, the Chamber Summons dated 15 th April 2026 succeeds and I make the following orders— 1) The Garnishee Order Nisi issued on 20th April 2026 is hereby made absolute.
page 2 of 3
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 & Co. Advocates, the sum of Kshs. 163,045.96, together with interest thereon as provided in the decree, from funds held on behalf of the Judgment Debtor, Africa Merchant Assurance Company Limited, in Till Number 4106404, aggregated under Organisational Short Code 6716100. 3) Upon payment of the decretal sum, the Garnishee shall stand discharged from these garnishee proceedings. 4) The Judgment Debtor shall bear the costs of the garnishee proceedings. DELIVERED AT NYAMIRA THIS July 2026 16th DAY OF WAMAE.T. W. CHERERE JUDGE 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
page 3 of 3