1. This ruling results from the Advocate/Applicant’s Notice of Motion dated 21st February, 2025, brought Order 23 Rule, 1, 2, 8 and 9, Order 49 Rule 1, 2, 5 and 7, Order 50 Rule 1 of the Civil Procedure Rules, Sections 1A, 1B and 3A of the Civil Procedure Act and all enabling provisions of the law and seeks an order that the garnishee order nisi issued against the 1st and 2nd Garnishees on 24th February, 2025 be made absolute and that a provision as to the costs of the application be made.
2. Having considered the 1st Garnishee’s replying affidavit sworn on 27th March, 2025 by Stella Mutindi Mutua in which the 1st Garnishee confirms that it is holding the Judgement Debtor’s funds which are sufficient to satisfy the decree herein, I hereby allow the application in the following terms:
a. A garnishee order absolute is hereby issued against the 1st Garnishee for the amount of Ksh.143,613/- and the 1st Garnishee is hereby ordered to forthwith release the said amount to the Decree Holder from the Judgement Debtor’s Safaricom Mpesa Paybill No. 985850, together with costs of the garnishee proceedings of Ksh.10,000/-.
b. The 1st Garnishee’s costs of the garnishee proceedings are hereby assessed at Ksh.10,000/- and the 1st Garnishee shall recover the same from the Judgement Debtor’s Safaricom Mpesa Paybill No. 985850.
c. As the 2nd Garnishee did not respond to the application, I make no order as to costs in respect of the 2nd Garnishee.
Delivered (virtually), Dated and Signed this 4th day of April, 2025.
JOE M. OMIDO
JUDGE
FOR THE APPLICANT: Ms. Agata.
FOR THE REPONDENT: No appearance.
FOR THE 1ST GARNISHEE: Mr Ojong’a.
FOR THE 2ND GARNISHEE: Mr. Molo.
COURT ASSISTANT: Mr. Ngoge & Mr. Juma.