REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
MISC. CIVIL APPLICATION NO. E083 OF 2024
OCHARO KEBIRA & CO. ADVOCATES…………..……..……..APPLICANT
VERSUS
AFRICAN MERCHANT ASSURANCE COMPANY LTD………RESPONDENT
RULING
1. The applicant herein MS Ocharo Kebira & Company Advocates has moved this court by way of a notice of motion dated 25th July 2025 brought under the provisions of Order 23 Rule 1,2,8 and 9, order 49 Rule 1,2,5 and 7 and Order 50 Rule 1 of the Civil Procedure Rules. The applicant further relies on Sections 1A, 1B and 3A of the Civil Procedure Act CAP 21 Laws of Kenya.
2. This application is supported by the affidavit of Eric Ntabo Advocate sworn on even date. The reasons for this application are duly set out on its face. The applicant states that a client/advocate relationship exists between the parties and that the client/respondent failed to pay the advocates/applicant requisite legal fees and that this failure precipitated the taxing of the said fees, and the conversion of the taxed fees as a judgment of this court and a decree has already been issued.
3. The applicant position is that upon conducting it’s own investigations, it has established that the respondent/judgement debtor holds an active Mpesa pay bill Account No. 6716100 with the garnishee and given that the respondent has despite demands being made for payment failed so to do, this court ought to issue an Order Nisi against the garnishee.
4. I have considered this application the affidavit in support thereof and the decree attached thereto and I am persuaded that there is need for this court to issue grant the prayers sought. I thus make following orders: -
i. An Order Nisi is hereby issued against the Garnishee Ms Safaricom PLC, restraining it from debiting Safaricom Mpesa pay bill Number 6716100 held by itself until this application is heard and determined.
ii. The garnishee to attend court on 22.9.2025 to show cause as to why it should not pay the applicant/decree-holder the um of Ksh. 123,022/- from the monies held on behalf of the judgment debtor from the above-mentioned account or so much thereof as maybe sufficient to satisfy the decree herein.
Delivered, signed and dated at Bungoma this 30th day of July, 2025.
MWANAISHA S. SHARIFF
JUDGE
IN THE HIGH COURT OF KENYA AT BUNGOMA
MISC. CIVIL APPLICATION NO. E083 OF 2024
OCHARO KEBIRA & CO. ADVOCATES…………..……..……..APPLICANT
VERSUS
AFRICAN MERCHANT ASSURANCE COMPANY LTD………RESPONDENT
RULING
1. The applicant herein MS Ocharo Kebira & Company Advocates has moved this court by way of a notice of motion dated 25th July 2025 brought under the provisions of Order 23 Rule 1,2,8 and 9, order 49 Rule 1,2,5 and 7 and Order 50 Rule 1 of the Civil Procedure Rules. The applicant further relies on Sections 1A, 1B and 3A of the Civil Procedure Act CAP 21 Laws of Kenya.
2. This application is supported by the affidavit of Eric Ntabo Advocate sworn on even date. The reasons for this application are duly set out on its face. The applicant states that a client/advocate relationship exists between the parties and that the client/respondent failed to pay the advocates/applicant requisite legal fees and that this failure precipitated the taxing of the said fees, and the conversion of the taxed fees as a judgment of this court and a decree has already been issued.
3. The applicant position is that upon conducting it’s own investigations, it has established that the respondent/judgement debtor holds an active Mpesa pay bill Account No. 6716100 with the garnishee and given that the respondent has despite demands being made for payment failed so to do, this court ought to issue an Order Nisi against the garnishee.
4. I have considered this application the affidavit in support thereof and the decree attached thereto and I am persuaded that there is need for this court to issue grant the prayers sought. I thus make following orders: -
i. An Order Nisi is hereby issued against the Garnishee Ms Safaricom PLC, restraining it from debiting Safaricom Mpesa pay bill Number 6716100 held by itself until this application is heard and determined.
ii. The garnishee to attend court on 22.9.2025 to show cause as to why it should not pay the applicant/decree-holder the um of Ksh. 123,022/- from the monies held on behalf of the judgment debtor from the above-mentioned account or so much thereof as maybe sufficient to satisfy the decree herein.
Delivered, signed and dated at Bungoma this 30th day of July, 2025.
MWANAISHA S. SHARIFF
JUDGE