1. This ruling results from the Advocate/Applicant’s Notice of Motion dated 4th June, 2025, brought Sections 1A, 1B and 3A of the Civil Procedure Act, Order 51 Rule 1 and 3, Order 23 Rule 1 and 10 of the Civil Procedure Rules and all other relevant enabling provisions of the law and seeks an order that the court issues a garnishee order absolute against the Garnishee for the amount of Ksh.333,555.49/- and that a provision as to the costs of the application be made.
2. Having considered the Garnishee’s replying affidavit sworn on 11th June, 2025 by Stella Mutindi Mutua in which the 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 Garnishee for the amount of Ksh.333,555.49/- and the 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 Garnishee’s costs of the garnishee proceedings are hereby assessed at Ksh.10,000/- and the Garnishee shall recover the same from the Judgement Debtor’s Safaricom Mpesa Paybill No. 985850.
3. This file is hereby marked as closed.
Delivered (virtually), Dated and Signed this 25th day of June, 2025.
JOE M. OMIDO
JUDGE
FOR THE APPLICANT: Mr. Kering.
FOR THE REPONDENT: No appearance.
FOR THE GARNISHEE: Ms. Rweya.
COURT ASSISTANT: Mr. Ngoge & Mr. Juma.
2. Having considered the Garnishee’s replying affidavit sworn on 11th June, 2025 by Stella Mutindi Mutua in which the 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 Garnishee for the amount of Ksh.333,555.49/- and the 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 Garnishee’s costs of the garnishee proceedings are hereby assessed at Ksh.10,000/- and the Garnishee shall recover the same from the Judgement Debtor’s Safaricom Mpesa Paybill No. 985850.
3. This file is hereby marked as closed.
Delivered (virtually), Dated and Signed this 25th day of June, 2025.
JOE M. OMIDO
JUDGE
FOR THE APPLICANT: Mr. Kering.
FOR THE REPONDENT: No appearance.
FOR THE GARNISHEE: Ms. Rweya.
COURT ASSISTANT: Mr. Ngoge & Mr. Juma.