REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAMIRA (CHERERE-J) HCCCMISC E064 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 1. RULING Before the Court is the Chamber Summons dated 15 th April 2026 seeking that the Garnishee Order Nisi issued on 20 th April 2026 against Safaricom PLC be made absolute. The application is brought under Order 23 Rule 1 of the Civil Procedure Rules, supported by the affidavit of Ouma Maurice Otieno sworn on the same date, and seeks recovery of KES. 199,649.36 together with costs and interest. 2. Pursuant to the ex parte application, this Court issued a Garnishee Order Nisi directing the Garnishee and the
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Judgment Debtor to appear before the Court and show cause why the order should not be made absolute. 3. An Affidavit of Service sworn on 18th May 2026 confirms that the Garnishee was served on 23rd April 2026 and the Judgment Debtor through its advocates on 29th April 2026. The Judgment Debtor did not respond, while the Garnishee, through the Replying Affidavit of Stella Mutindi Mutua sworn on 24th May 2026, admitted that Till Number 4106404, operated by the Judgment Debtor, holds sufficient funds to satisfy the decretal sum and undertook to release them upon service of a Garnishee Order Absolute. 4. The decree is undisputed, the application is unopposed, and the Garnishee has admitted holding sufficient funds to satisfy the decretal sum. No cause has therefore been shown why the Garnishee Order Nisi should not be made absolute. 5. Accordingly, 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 the sum of KES. 199,649.36, together with any accrued interest payable under
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the decree, from the funds held on behalf of the Judgment Debtor in Till Number 4106404. 3) Upon effecting payment in accordance with Order 2 above, the Garnishee shall stand discharged from these proceedings. 4) The costs of the garnishee proceedings shall be borne by the Judgment Debtor. 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
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