REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAMIRA (CHERERE-J) HCCCMISC E044 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 Chamber Summons dated 15 th April 2026 seeks an order that the Garnishee Order Nisi issued on 20 th April 2026 be made absolute. The application seeks payment of the decretal sum of KES. 458,417.46 from monies held by the Garnishee on behalf of the Judgment Debtor. 2. The Order Nisi attached monies held by the Garnishee on behalf of the Judgment Debtor in Pay Bill Number 545400, Till Number 4106404, or any other account maintained by the Garnishee, and directed the parties to appear on 28th May
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2026 to show cause why the order should not be made absolute. 3. The Affidavit of Service sworn on 18 th May 2026 confirms that the Garnishee was served on 23 rd April 2026, while the Judgment Debtor was served through its advocates on 29 th April 2026. Despite service, the Judgment Debtor neither responded to nor opposed the application 4. The Garnishee responded through the Replying Affidavit of Stella Mutindi Mutua sworn on 25th May 2026. It confirms that the Judgment Debtor operates Till Number 4106404, aggregated under Organisational Short Code 6716100, and further confirms that the account holds sufficient funds to satisfy the decretal sum claimed. The Garnishee also indicates that it is ready to release the attached funds upon the issuance of a Garnishee Order Absolute. 5. The decree is undisputed, the application is unopposed, and the Garnishee has acknowledged holding sufficient funds to satisfy the decretal sum. There is therefore no impediment to making the Garnishee Order Nisi absolute. 6. The application consequently succeeds. I make the following orders— 1) The Garnishee Order Nisi issued on 20th April 2026 is hereby made absolute.
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2) 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. 458,417.46, together with any interest payable under the decree, from monies held on behalf of the Judgment Debtor in Pay Bill Number 545400, Till Number 4106404 maintained by the Garnishee in the name of the Judgment Debtor sufficient to satisfy the decree. 3) Upon compliance Garnishee shall with stand Order 2 discharged above, the 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
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For the Garnishee Africa LLP – Mr. Ojonga for Meritad Law
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