[1] The Notice of Motion dated 13 th November 2025 was filed by the ex parte applicants (the applicants) under Section 3A of the Civil Procedure Act, Cap 21 of the Laws of Kenya and Order 23 Rules 1, 2, 8, 9 and 10 as well as Order 51 Rule 1 of the Civil Procedure Rules. They prayed for the following orders:
[a] Spent
[b] The Court be pleased to issue a Garnishee Order Nisi against KCB BANK KENYA LIMITED for account number 1107169712 and STANCHART BANK LTD for account number 0104433037411 ordering that all monies held to the credit of the respondent be attached to settle and/or satisfy the Judgment Debt of Kshs. 5,000,000/= being the amount in respect of which judgment was entered in favour of the applicants together with Costs. (Spent)
[c] That KCB BANK KENYA LIMITED and STANCHART BANK LTD, the said Garnishees herein, do attend Court to show cause why they should not pay the applicants the sum of Kshs. 5,000,000/= being the decretal amount from the funds in the accounts operated by the Judgment Debtor in the Garnishee's various branches. (Spent)
[d] That the Court be pleased to issue a Garnishee Order Absolute against KCB BANK KENYA LIMITED and STANCHART BANK LTD, the Garnishees herein, in respect of Account Numbers 1107169712 and 0104433037411, respectively, ordering that all monies held to the credit of the 1 st respondent be attached to settle and/or satisfy the decretal sum of Kshs. 5,000,000/= and costs in respect of which judgment was entered herein in favour of the applicants.
[e] That the costs of the application be borne by the respondent.
[2] The application was supported by the affidavit sworn on 13 th November 2025 by the 1 st applicant, Alice Onyango Ochola , in which she averred that this Court entered judgment for the ex parte applicants as against the respondent for the sum of Kshs. 5,000,000/=, and that the decretal sum remains unsatisfied to date. The applicants further averred that the 1 st respondent operates Bank Accounts No. 1107169712 at KCB BANK KENYA LIMITED, and 0104433037411 at STANCHART BANK LTD which ought to be attached to satisfy the judgment debt. The applicants were apprehensive that the 1 st respondent may withdraw and/or move the funds held to its credit by the Garnishees unless the orders sought herein are granted.
[3] Upon a Garnishee Order Nisi being served on the Garnishees, they filed their respective Replying Affidavits conceded that they are indeed holding funds in the respective accounts operated by the 1 st respondent and expressed readiness to pay the same in satisfaction of the decree.
[4] The 1 st respondent filed Grounds of Opposition dated 2 nd November 2025, contending that:
[a] The applicants had already received part payment of the approved funds amounting to Kshs. 2,144,425 on the 7 th May 2025 through bank account No. 01109243198400 held with the Cooperative Bank, Homa Bay Branch and had therefore filed the instant application with the intent of fraudulently obtaining sums in excess of their lawful entitlement.
[b] Execution through garnishee proceedings as contemplated under Order 23 of the Civil Procedure Rules is a preserve of civil proceedings and not applicable in Judicial Review.
[c] There is no such relief as garnishee proceedings in the laws donating the judicial review jurisdiction under the Constitution or the Law Reform Act under which the applicants approached the Court.
[d] The judicial review jurisdiction is sui generis and not subject to the Civil Procedure Act and Rules where garnishees proceedings are provided for.
[e] The nature of an order of Mandamus is not a debt and does not create a debt due to an applicant for which garnishee proceedings are applicable.
[f] The Court, in exercise of its judicial review jurisdiction, lacks the jurisdiction to grant the reliefs sought as they are beyond the purview of judicial review.
[g] The Notice of Motion dated 13 th November 2025 is incompetent, incurably defective and bad in law, and should be dismissed with costs to the applicant (sic).
[5] The 1 st respondent filed a Further Affidavit sworn on 31 st March 2026 by its County Warden in charge of Homa Bay County, Mr. Jackson Kibor . The 1 st respondent averred that the applicants have received full payment in the matter and therefore that the application is unwarranted. According to the applicant, the 2 nd applicant, Dorothy Akinyi , personally collected Introduction Letters on two occasions for the full entitlement of Kshs. 5,000,000/=.
[6] In proof of their averments, the 1 st respondent annexed copies of RTGS transactions dated 24 th January 2025 and 17 th April 2025. It therefore averred that when the applicants filed the instant application seeking the full compensation of Kshs. 5,000,000/= they knew fully well that they had already received Kshs . 2,854,770/= deposited on 24 th January 2025 to her account No . 000004292642 held with Cooperative Bank Homabay Branch as well as the balance of Kshs. 144,425/= paid on 17 th April 2025.
[7] The assertions by the 1 st respondent in the Further Affidavit were not rebutted by the applicants. Indeed, in their written submissions dated 17 th February 2026, the applicants conceded that part payment had been made in the sum of Kshs. 2,144,425/=. They nevertheless contended that the balance of Kshs. 2,855,575/= was still due and payable. Accordingly, they urged the Court to allow the application and order either of the Garnishees herein to release to them the outstanding balance from the sums held by them.
[8] The 1 st respondent having proved payment of the balance on 17 th April 2025, it is manifest that the garnishee proceedings were unwarranted in the first place. The application dated 13 th November 2025 is hereby dismissed and the Garnishee Order Nisi issued herein on 28 th November 2025 is hereby lifted. Each party shall bear own costs of the application.
It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 23 RD DAY OF APRIL 2026
[a] Spent
[b] The Court be pleased to issue a Garnishee Order Nisi against KCB BANK KENYA LIMITED for account number 1107169712 and STANCHART BANK LTD for account number 0104433037411 ordering that all monies held to the credit of the respondent be attached to settle and/or satisfy the Judgment Debt of Kshs. 5,000,000/= being the amount in respect of which judgment was entered in favour of the applicants together with Costs. (Spent)
[c] That KCB BANK KENYA LIMITED and STANCHART BANK LTD, the said Garnishees herein, do attend Court to show cause why they should not pay the applicants the sum of Kshs. 5,000,000/= being the decretal amount from the funds in the accounts operated by the Judgment Debtor in the Garnishee's various branches. (Spent)
[d] That the Court be pleased to issue a Garnishee Order Absolute against KCB BANK KENYA LIMITED and STANCHART BANK LTD, the Garnishees herein, in respect of Account Numbers 1107169712 and 0104433037411, respectively, ordering that all monies held to the credit of the 1 st respondent be attached to settle and/or satisfy the decretal sum of Kshs. 5,000,000/= and costs in respect of which judgment was entered herein in favour of the applicants.
[e] That the costs of the application be borne by the respondent.
[2] The application was supported by the affidavit sworn on 13 th November 2025 by the 1 st applicant, Alice Onyango Ochola , in which she averred that this Court entered judgment for the ex parte applicants as against the respondent for the sum of Kshs. 5,000,000/=, and that the decretal sum remains unsatisfied to date. The applicants further averred that the 1 st respondent operates Bank Accounts No. 1107169712 at KCB BANK KENYA LIMITED, and 0104433037411 at STANCHART BANK LTD which ought to be attached to satisfy the judgment debt. The applicants were apprehensive that the 1 st respondent may withdraw and/or move the funds held to its credit by the Garnishees unless the orders sought herein are granted.
[3] Upon a Garnishee Order Nisi being served on the Garnishees, they filed their respective Replying Affidavits conceded that they are indeed holding funds in the respective accounts operated by the 1 st respondent and expressed readiness to pay the same in satisfaction of the decree.
[4] The 1 st respondent filed Grounds of Opposition dated 2 nd November 2025, contending that:
[a] The applicants had already received part payment of the approved funds amounting to Kshs. 2,144,425 on the 7 th May 2025 through bank account No. 01109243198400 held with the Cooperative Bank, Homa Bay Branch and had therefore filed the instant application with the intent of fraudulently obtaining sums in excess of their lawful entitlement.
[b] Execution through garnishee proceedings as contemplated under Order 23 of the Civil Procedure Rules is a preserve of civil proceedings and not applicable in Judicial Review.
[c] There is no such relief as garnishee proceedings in the laws donating the judicial review jurisdiction under the Constitution or the Law Reform Act under which the applicants approached the Court.
[d] The judicial review jurisdiction is sui generis and not subject to the Civil Procedure Act and Rules where garnishees proceedings are provided for.
[e] The nature of an order of Mandamus is not a debt and does not create a debt due to an applicant for which garnishee proceedings are applicable.
[f] The Court, in exercise of its judicial review jurisdiction, lacks the jurisdiction to grant the reliefs sought as they are beyond the purview of judicial review.
[g] The Notice of Motion dated 13 th November 2025 is incompetent, incurably defective and bad in law, and should be dismissed with costs to the applicant (sic).
[5] The 1 st respondent filed a Further Affidavit sworn on 31 st March 2026 by its County Warden in charge of Homa Bay County, Mr. Jackson Kibor . The 1 st respondent averred that the applicants have received full payment in the matter and therefore that the application is unwarranted. According to the applicant, the 2 nd applicant, Dorothy Akinyi , personally collected Introduction Letters on two occasions for the full entitlement of Kshs. 5,000,000/=.
[6] In proof of their averments, the 1 st respondent annexed copies of RTGS transactions dated 24 th January 2025 and 17 th April 2025. It therefore averred that when the applicants filed the instant application seeking the full compensation of Kshs. 5,000,000/= they knew fully well that they had already received Kshs . 2,854,770/= deposited on 24 th January 2025 to her account No . 000004292642 held with Cooperative Bank Homabay Branch as well as the balance of Kshs. 144,425/= paid on 17 th April 2025.
[7] The assertions by the 1 st respondent in the Further Affidavit were not rebutted by the applicants. Indeed, in their written submissions dated 17 th February 2026, the applicants conceded that part payment had been made in the sum of Kshs. 2,144,425/=. They nevertheless contended that the balance of Kshs. 2,855,575/= was still due and payable. Accordingly, they urged the Court to allow the application and order either of the Garnishees herein to release to them the outstanding balance from the sums held by them.
[8] The 1 st respondent having proved payment of the balance on 17 th April 2025, it is manifest that the garnishee proceedings were unwarranted in the first place. The application dated 13 th November 2025 is hereby dismissed and the Garnishee Order Nisi issued herein on 28 th November 2025 is hereby lifted. Each party shall bear own costs of the application.
It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 23 RD DAY OF APRIL 2026