REPUBLIC OF KENYA
IN THE HIGH COURT AT VIHIGA
CIVIL MISC. E007 OF 2024
OCHARO KEBIRA & CO. ADVOCATES ……. DECREE-HOLDER/APPLICANT
VERSUS
AFRICA MERCHANT ASSURANCE CO. LTD.
……………………………………..…………. JUDGEMENT-DEBTOR/RESPONDENT
AND
SAFARICOM PLC…………………………………………………………1ST GARNISHEE
BANK OF AFRICA………………………………………………………2ND GARNESHEE
Coram:
Before Justice R. Nyakundi
Eric Ntabo & Co. Advocates
Legal Officer Africa Merchant Assurance & Co. Ltd
RULING
1. Before this Court is notice of motion dated 31st day of March 2026 expressed
to be brought under Order 23 Rule 1, 2, 8 & 9, Order 49 Rule 1, 2, 5 & 7,
Order 50 Rule 1 of the Civil Procedure Rules, Section 1A, 1B & 3A of the Civil
Procedure Act and all enabling provisions of law. The Applicant is seeking for
the following orders:
a. Spent.
b. THAT an Order Nisi, restraining any debiting of Safaricom Mpesa Till
number 6716100 and Mpesa Till number 545400 held by the 1st
garnishee and Bank Account No.01011220001 held by the 2nd garnishee
and/or any other account held by the judgment-debtor with the
1
CIVIL MISC E007 OF 2024
Garnishees, do issue and the same be served upon the Garnishees and
the judgment-debtor at least SEVEN (7) DAYS before hearing hereof.
c. THAT the Garnishees herein, SAFARICOM PLC & BANK OF AFRICA do
attend Court on a date to be fixed to show cause why they should not
pay to the decree-holder the sum of Kshs 164,025.30 being the decretal
sum plus costs from monies held on behalf of the judgment-debtor from
the above-mentioned account or so much thereof as may be sufficient to
satisfy the decree herein
d. THAT this honorable Court be pleased to make a Garnishee Order
absolute that, the sum of Kshs. 164,025.30 such sums or debts as are
sufficient to answer the decree obtained by the Decree-holder against the
Judgment-debtor, or the unsatisfied part thereof owing or accruing due
from the Garnishees, SAFARICOM PLC and BANK OF AFRICA, to the
judgment-debtor be attached to answer the decree passed herein against
the judgment-debtor.
e. THAT costs of Kes 50,000/= of this garnishee application be borne by
the judgment-debtor/Respondent.
2. The application is based on the following grounds:
a. The Respondent retained the Applicant as their advocates and failed to pay
the requisite legal fees prompting the Applicant to file Advocate Client Bill of
Costs herein.
b. The Respondent was duly served who later in turn appointed the Firm of
Olubayi Mwashimba Advocates LLP to defend their interest culminating to
the taxation by consent of both parties and a certificate of taxation issued
to that effect.
c. The Applicant subsequently filed application dated 15/4/2025 seeking that
the attached Certificate of taxation be converted into judgement and an
order of the Court
d. The Application dated 15/4/2025 was unopposed by the Respondent's
Counsel despite service as evidenced by the Court documents.
2
CIVIL MISC E007 OF 2024
e. The Applicant has since extracted a decree of the Court which decree
remains unsettled despite the Respondents Counsel participating in the
proceedings
f. The decree herein is for the sum of Kshs 163,025.30 together with costs
which amounts continue to attract interest and remain unsatisfied.
g. The Respondent has been previously notified of all Court proceedings as the
same are discernible from the Court record and as such the Respondent is
very unlikely to pay.
h. The Applicant intends to execute by way of Garnishee through attaching the
judgment debtor's accounts held by Garnishee since the judgment debtor
has no attachable properties known to the Applicant.
i.
j.
The garnishee has accruing in their accounts, credit deposits on behalf of
the judgment debtor in, Safaricom Mpesa Till number 6716100 and Mpesa
Till number 545400 held by the 1st garnishee and Bank Account No.
01011220001 held by the 2nd garnishee on behalf of garnishees
It is only just and fair that the credit deposits be attached to satisfy the
decretal sum and enable the decree-holder to recover what is due to it
k. The decree holder is apprehensive that if the application is not heard as a
matter of urgency, the Respondent may move to dispose of the amounts in
the aforementioned accounts in order to defeat the execution process.
l.
It is in the interest of justice that this Application is heard on priority and the
Garnishee Order Nisi be issued accordingly.
m. If the orders sought are not granted, the decree holder stands to suffer
extensive and irreparable harm.
n. This application only seeks to enable the realization of the decretal sum.
o. THAT costs of Kes 50,000/= of this garnishee application be borne by the
judgment-debtor/Respondent
p. Such other and further grounds to be adduced at the hearing
3. In support of the application is the affidavit sworn by Eric Ntabo who deponed
as follows:
3
CIVIL MISC E007 OF 2024
a. That I am the advocate in conduct of this matter hence competent to swear
thus affidavit.
b. THAT there is no dispute that an Advocate Client relationship exists between
the Applicant and the Respondent who retained the Applicant herein as their
advocates.
c. THAT the Respondent failed to pay the agreed upon Legal Fees prompting
the Applicant to file Advocate Client Bills of Costs herein.
d. THAT the Applicant served the Advocate Client Bills of Costs together with
the Notices of Taxation upon the Respondent and consequently the
Respondent appointed the firm of Olubayi Mwashimba Advocates LLP to act
for them.
e. THAT the Court proceeded to tax the bill of costs by consent by Hon. Beryl
Omollo and subsequently Certificate of Taxation was issued
f. The Applicant subsequently filed application dated 15/4/2025 seeking that
the attached Certificate of taxation be converted into judgement and an
order of the Court.
g. The Application dated 15/4/2025 was allowed as prayed on 3rd
February,2026 noting that the Respondents Counsel was served as
evidenced by the Court documents but failed to file any responses.
h. THAT the Applicant has since extracted a decree of the Court against the
Respondent/judgment debtor herein which decree remains unsettled.
i.
j.
The Respondent has been previously notified of all Court proceedings as the
same are discernible from the Court record and as such the Respondent is
very unlikely to pay.
THAT I am apprehensive that the judgment debtor is not willing to settle the
amounts due preventing the Applicant from reaping the fruits of justice and
justice delayed is justice denied.
k. THAT following decree holder's investigations, I have been informed which
information, I verily believe to be true that the judgment -debtor has
Safaricom Mpesa Till number 6716100 and Mpesa Till number 545400 held
4
CIVIL MISC E007 OF 2024
by the 1st garnishee and Bank Account No.01011220001 held by the 2nd
garnishee which accounts remain active and sufficiently credited.
l.
THAT owing to the willful neglect and/or refusal of the Judgment-Debtor in
satisfying the costs despite being duly served with the decree, it is only fair
and just to allow the garnishee proceedings.
m. THAT the judgment-debtor's other movable and immovable assets remain
unknown to me and the Applicant.
n. THAH it is in the interest of fair administration of justice that this Honorable
Court exercises its discretion in favor of the prayers sought.
o. THAT undeniably, it is apparent that if the orders sought are not granted,
the Applicant stands to suffer extensive and irreparable damage.
p. THAT I swear the affidavit in support of the application.
4. In response to the application is the replying affidavit sworn Grace Chege who
deposes as follows:
a. That I am the 2nd Garnishee's Head of Institutional Banking, duly authorized
and competent to swear this affidavit.
b. THAT I have read the Notice of Motion application dated 6th March, 2026 and
having understood the contents thereof, do wish to respond to the application
based on information and records held by the Garnishee.
c. THAT the Applicant seeks to have the funds, if any, held in the Judgement
debtors account to be garnishees to settle the decretal sum due or part
thereof as the case may be.
d. THAT it is not in dispute that the Judgement Debtor is the holder of the
account number 01011220001 domiciled at the Garnishee's Westlands
Branch.
e. THAT I am aware upon perusal of the statement of account that the
Judgment Debtor has not operated the account for a long while, in which
case the account is not only in dormant state but does not also hold any fund.
5
CIVIL MISC E007 OF 2024
f. THAT the Garnishee consequently prays to be discharged from these
proceedings with costs being payable as may be directed by the Honorable
Court.
5. Further, in response to the application is the replying affidavit sworn by Stella
Mutindi Mutua who deposes as follows:
a. That am a female adult of sound mind, currently employed as the Senior
Merchant Officer in the Enterprise Channels Department- M-PESA Services,
within Lipa na M-PESA, under Fintech Operations Division, for the 1st
Garnishee.
b. THAT I am conversant with the facts herein, duly authorized, and competent
to swear this affidavit.
c. THAT the contents of the Applicant's/Decree Holder's Ex parte Notice of
Motion Application dated 31st March 2026 as well as the Supporting
Affidavit sworn on even date have been read and explained to me by the 1st
Garnishee's Advocate
d. THAT further, the import and implication of the Ex parte Notice of Motion
Application dated 31st March 2026 and a Garnishee Order Nisi issued and
served upon the 1st Garnishee whose import require the Garnishee to attach
all monies in Till Number 6716100 and 545400 in satisfaction of the decretal
sum amounting to KShs 164,025.30/- inclusive of accrued interest and
costs has been explained to me by the 1st Garnishee's Advocate and I make
this affidavit in response thereto
e. THAT the Respondent/Judgment Debtor operates Till Number 4106404
aggregated under the short code 6716100. Therefore, funds paid to Till
Number 4106404, ordinarily reflect in the organizational short code
6716100 and is sufficiently funded.
f. THAT I am advised by the 1st Garnishee's Advocates on record, Messer's
Meritad Law Africa LLP which advise I verily believe to be true that the 1st
Garnishee is entitled to its costs on the Applicant's/Decree Holder's
Application, and as such we pray that the 1st Garnishee be granted costs.
6
CIVIL MISC E007 OF 2024
g. THAT the 1st Garnishee shall within 7 days upon service of the Garnishee
Order Absolute shall release the unpaid decretal sum amounting to Kshs.
164,025.30/- that will abide the outcome of the Garnishee proceedings, less
its costs.
h. THAT I swear this Affidavit in response to the Applicant's/Decree Exparte
Exparte Notice of Motion Application dated 31st March 2026 and a Garnishee
Order Nisi issued and served upon the 1st Garnishee and pray that the 1st
Garnishee be discharged from the proceedings upon determination.
6. The Court on 26th March 2026 adopted the Bill of Costs as taxed by the Taxing
Master and a decree of the Court was drawn upon entry of judgment with the
following particulars in place:
Principal amount……………………………………………….Kshs 91,375.00/=
Interest at 14% P.A (from 13/07/2024 to 03/02/2026) Kshs 22,150.30/=
Costs of extracting Decree…………………………………… Kshs 500.00/=
Total amount………………………………………………………Kshs 114,025.30/=
7. The Applicant judgment was now ripe for execution.
Decision
8. This application is based on the garnishee proceedings provided for under
Order 23 of the CPR. This rule focuses on the attachment of debts, specifically
funds held by banks or mobile money providers like Safaricom Mpesa or Airtel
Money for judgment debtors. The High Court in its power and jurisdiction
exercisable under the CPR has emphasized that these proceedings are a
separate, rapid mode of execution designed to prevent private alienation of
funds not to create security.
9. The following cases demonstrates the now developed principles applicable on
this mode of execution generally referred to as garnishee proceedings:
Safaricom PLC (Garnishee) (Miscellaneous Civil - Kenya Law [2026]
eKLR) (2026/909): The Court confirmed that M-Pesa Till Numbers and
operator short codes can be attached to satisfy decretal sums.
7
CIVIL MISC E007 OF 2024
Application No. E051 of 2023 - National Land Commission v Prof.
Ojienda & 2 Others: A garnishee order absolute was issued against the
NLC's bank accounts to satisfy a decretal amount of over Kshs. 397 million,
highlighting the attachment of state organ accounts held by banks.
Milimani High Court Civil Appeal No. E451 of 2025 - Ecobank Kenya
Limited (2026): Addressed the liability of a bank (garnishee) that allowed
debits to a debtor's account after being served with a garnishee order nisi,
leading to an order absolute.
High Court at Embu Miscellaneous Application No. E038 of 2019
(2020) eKLR: Explains that garnishee proceedings are separate and that
the burden shifts to the garnishee to prove they do not hold sufficient funds.
Diamond Trust Bank Kenya Ltd (Garnishee) MKS HC Misc. Civil App.
No. 405 of 2017 [2020] eKLR: Established that the onus is on the
garnishee to show that the account is in debit (not credit) or that a lien
exists, in order to be discharged.
Abbey Resort Limited v The County Government of Kajiado (2020)
eKLR: The Court ruled that garnishee proceedings against a County
Government/State organ must comply with the Government Proceedings
Act (not just Order 23 of the Civil Procedure Rules) and improper attachment
should be lifted.
10. From the legal perspective on garnishee proceedings upon service on the
garnishee certain orders follow to give effect to Rule 23 of the CPR. The
discretion of the Court is exercised upon satisfying itself that this
circumstances exist dependent on certain facts which includes the following:
No Debt Due: The garnishee successfully proves that there are no cash
assets or receivables belonging to the judgment debtor.
Prior Liens/Debits: The garnishee proves they have a prior legal lien over
the funds, or that the account is already a "debit/deficit account" due to
other Court orders.
8
CIVIL MISC E007 OF 2024
Failure to Properly Serve: The garnishee order nisi was not properly
served, making the proceedings procedurally flawed.
Satisfaction of Debt: The debt has been fully satisfied, or in cases where
multiple garnishees exist, a specific bank is found to have no funds,
leading to its discharge.
11. I have therefore reviewed the evidence before this Court pursuant to Order 23
Rule 4 of the CPR and a garnishee order Nisi having been issued by this Court,
the decretal sum be paid into Court or to the Creditor as confirmed by the
Garnishee a validation of discharge does take effect to facilitate transfer of
funds held in the account of the Judgment Debtor to that of the Judgment
Creditor. It is so ordered.
SIGNED, DATED AND DELIVERED AT VIHIGA THIS 13TH DAY OF MAY
2026.
………………………………….
R. NYAKUNDI
JUDGE
9
CIVIL MISC E007 OF 2024
IN THE HIGH COURT AT VIHIGA
CIVIL MISC. E007 OF 2024
OCHARO KEBIRA & CO. ADVOCATES ……. DECREE-HOLDER/APPLICANT
VERSUS
AFRICA MERCHANT ASSURANCE CO. LTD.
……………………………………..…………. JUDGEMENT-DEBTOR/RESPONDENT
AND
SAFARICOM PLC…………………………………………………………1ST GARNISHEE
BANK OF AFRICA………………………………………………………2ND GARNESHEE
Coram:
Before Justice R. Nyakundi
Eric Ntabo & Co. Advocates
Legal Officer Africa Merchant Assurance & Co. Ltd
RULING
1. Before this Court is notice of motion dated 31st day of March 2026 expressed
to be brought under Order 23 Rule 1, 2, 8 & 9, Order 49 Rule 1, 2, 5 & 7,
Order 50 Rule 1 of the Civil Procedure Rules, Section 1A, 1B & 3A of the Civil
Procedure Act and all enabling provisions of law. The Applicant is seeking for
the following orders:
a. Spent.
b. THAT an Order Nisi, restraining any debiting of Safaricom Mpesa Till
number 6716100 and Mpesa Till number 545400 held by the 1st
garnishee and Bank Account No.01011220001 held by the 2nd garnishee
and/or any other account held by the judgment-debtor with the
1
CIVIL MISC E007 OF 2024
Garnishees, do issue and the same be served upon the Garnishees and
the judgment-debtor at least SEVEN (7) DAYS before hearing hereof.
c. THAT the Garnishees herein, SAFARICOM PLC & BANK OF AFRICA do
attend Court on a date to be fixed to show cause why they should not
pay to the decree-holder the sum of Kshs 164,025.30 being the decretal
sum plus costs from monies held on behalf of the judgment-debtor from
the above-mentioned account or so much thereof as may be sufficient to
satisfy the decree herein
d. THAT this honorable Court be pleased to make a Garnishee Order
absolute that, the sum of Kshs. 164,025.30 such sums or debts as are
sufficient to answer the decree obtained by the Decree-holder against the
Judgment-debtor, or the unsatisfied part thereof owing or accruing due
from the Garnishees, SAFARICOM PLC and BANK OF AFRICA, to the
judgment-debtor be attached to answer the decree passed herein against
the judgment-debtor.
e. THAT costs of Kes 50,000/= of this garnishee application be borne by
the judgment-debtor/Respondent.
2. The application is based on the following grounds:
a. The Respondent retained the Applicant as their advocates and failed to pay
the requisite legal fees prompting the Applicant to file Advocate Client Bill of
Costs herein.
b. The Respondent was duly served who later in turn appointed the Firm of
Olubayi Mwashimba Advocates LLP to defend their interest culminating to
the taxation by consent of both parties and a certificate of taxation issued
to that effect.
c. The Applicant subsequently filed application dated 15/4/2025 seeking that
the attached Certificate of taxation be converted into judgement and an
order of the Court
d. The Application dated 15/4/2025 was unopposed by the Respondent's
Counsel despite service as evidenced by the Court documents.
2
CIVIL MISC E007 OF 2024
e. The Applicant has since extracted a decree of the Court which decree
remains unsettled despite the Respondents Counsel participating in the
proceedings
f. The decree herein is for the sum of Kshs 163,025.30 together with costs
which amounts continue to attract interest and remain unsatisfied.
g. The Respondent has been previously notified of all Court proceedings as the
same are discernible from the Court record and as such the Respondent is
very unlikely to pay.
h. The Applicant intends to execute by way of Garnishee through attaching the
judgment debtor's accounts held by Garnishee since the judgment debtor
has no attachable properties known to the Applicant.
i.
j.
The garnishee has accruing in their accounts, credit deposits on behalf of
the judgment debtor in, Safaricom Mpesa Till number 6716100 and Mpesa
Till number 545400 held by the 1st garnishee and Bank Account No.
01011220001 held by the 2nd garnishee on behalf of garnishees
It is only just and fair that the credit deposits be attached to satisfy the
decretal sum and enable the decree-holder to recover what is due to it
k. The decree holder is apprehensive that if the application is not heard as a
matter of urgency, the Respondent may move to dispose of the amounts in
the aforementioned accounts in order to defeat the execution process.
l.
It is in the interest of justice that this Application is heard on priority and the
Garnishee Order Nisi be issued accordingly.
m. If the orders sought are not granted, the decree holder stands to suffer
extensive and irreparable harm.
n. This application only seeks to enable the realization of the decretal sum.
o. THAT costs of Kes 50,000/= of this garnishee application be borne by the
judgment-debtor/Respondent
p. Such other and further grounds to be adduced at the hearing
3. In support of the application is the affidavit sworn by Eric Ntabo who deponed
as follows:
3
CIVIL MISC E007 OF 2024
a. That I am the advocate in conduct of this matter hence competent to swear
thus affidavit.
b. THAT there is no dispute that an Advocate Client relationship exists between
the Applicant and the Respondent who retained the Applicant herein as their
advocates.
c. THAT the Respondent failed to pay the agreed upon Legal Fees prompting
the Applicant to file Advocate Client Bills of Costs herein.
d. THAT the Applicant served the Advocate Client Bills of Costs together with
the Notices of Taxation upon the Respondent and consequently the
Respondent appointed the firm of Olubayi Mwashimba Advocates LLP to act
for them.
e. THAT the Court proceeded to tax the bill of costs by consent by Hon. Beryl
Omollo and subsequently Certificate of Taxation was issued
f. The Applicant subsequently filed application dated 15/4/2025 seeking that
the attached Certificate of taxation be converted into judgement and an
order of the Court.
g. The Application dated 15/4/2025 was allowed as prayed on 3rd
February,2026 noting that the Respondents Counsel was served as
evidenced by the Court documents but failed to file any responses.
h. THAT the Applicant has since extracted a decree of the Court against the
Respondent/judgment debtor herein which decree remains unsettled.
i.
j.
The Respondent has been previously notified of all Court proceedings as the
same are discernible from the Court record and as such the Respondent is
very unlikely to pay.
THAT I am apprehensive that the judgment debtor is not willing to settle the
amounts due preventing the Applicant from reaping the fruits of justice and
justice delayed is justice denied.
k. THAT following decree holder's investigations, I have been informed which
information, I verily believe to be true that the judgment -debtor has
Safaricom Mpesa Till number 6716100 and Mpesa Till number 545400 held
4
CIVIL MISC E007 OF 2024
by the 1st garnishee and Bank Account No.01011220001 held by the 2nd
garnishee which accounts remain active and sufficiently credited.
l.
THAT owing to the willful neglect and/or refusal of the Judgment-Debtor in
satisfying the costs despite being duly served with the decree, it is only fair
and just to allow the garnishee proceedings.
m. THAT the judgment-debtor's other movable and immovable assets remain
unknown to me and the Applicant.
n. THAH it is in the interest of fair administration of justice that this Honorable
Court exercises its discretion in favor of the prayers sought.
o. THAT undeniably, it is apparent that if the orders sought are not granted,
the Applicant stands to suffer extensive and irreparable damage.
p. THAT I swear the affidavit in support of the application.
4. In response to the application is the replying affidavit sworn Grace Chege who
deposes as follows:
a. That I am the 2nd Garnishee's Head of Institutional Banking, duly authorized
and competent to swear this affidavit.
b. THAT I have read the Notice of Motion application dated 6th March, 2026 and
having understood the contents thereof, do wish to respond to the application
based on information and records held by the Garnishee.
c. THAT the Applicant seeks to have the funds, if any, held in the Judgement
debtors account to be garnishees to settle the decretal sum due or part
thereof as the case may be.
d. THAT it is not in dispute that the Judgement Debtor is the holder of the
account number 01011220001 domiciled at the Garnishee's Westlands
Branch.
e. THAT I am aware upon perusal of the statement of account that the
Judgment Debtor has not operated the account for a long while, in which
case the account is not only in dormant state but does not also hold any fund.
5
CIVIL MISC E007 OF 2024
f. THAT the Garnishee consequently prays to be discharged from these
proceedings with costs being payable as may be directed by the Honorable
Court.
5. Further, in response to the application is the replying affidavit sworn by Stella
Mutindi Mutua who deposes as follows:
a. That am a female adult of sound mind, currently employed as the Senior
Merchant Officer in the Enterprise Channels Department- M-PESA Services,
within Lipa na M-PESA, under Fintech Operations Division, for the 1st
Garnishee.
b. THAT I am conversant with the facts herein, duly authorized, and competent
to swear this affidavit.
c. THAT the contents of the Applicant's/Decree Holder's Ex parte Notice of
Motion Application dated 31st March 2026 as well as the Supporting
Affidavit sworn on even date have been read and explained to me by the 1st
Garnishee's Advocate
d. THAT further, the import and implication of the Ex parte Notice of Motion
Application dated 31st March 2026 and a Garnishee Order Nisi issued and
served upon the 1st Garnishee whose import require the Garnishee to attach
all monies in Till Number 6716100 and 545400 in satisfaction of the decretal
sum amounting to KShs 164,025.30/- inclusive of accrued interest and
costs has been explained to me by the 1st Garnishee's Advocate and I make
this affidavit in response thereto
e. THAT the Respondent/Judgment Debtor operates Till Number 4106404
aggregated under the short code 6716100. Therefore, funds paid to Till
Number 4106404, ordinarily reflect in the organizational short code
6716100 and is sufficiently funded.
f. THAT I am advised by the 1st Garnishee's Advocates on record, Messer's
Meritad Law Africa LLP which advise I verily believe to be true that the 1st
Garnishee is entitled to its costs on the Applicant's/Decree Holder's
Application, and as such we pray that the 1st Garnishee be granted costs.
6
CIVIL MISC E007 OF 2024
g. THAT the 1st Garnishee shall within 7 days upon service of the Garnishee
Order Absolute shall release the unpaid decretal sum amounting to Kshs.
164,025.30/- that will abide the outcome of the Garnishee proceedings, less
its costs.
h. THAT I swear this Affidavit in response to the Applicant's/Decree Exparte
Exparte Notice of Motion Application dated 31st March 2026 and a Garnishee
Order Nisi issued and served upon the 1st Garnishee and pray that the 1st
Garnishee be discharged from the proceedings upon determination.
6. The Court on 26th March 2026 adopted the Bill of Costs as taxed by the Taxing
Master and a decree of the Court was drawn upon entry of judgment with the
following particulars in place:
Principal amount……………………………………………….Kshs 91,375.00/=
Interest at 14% P.A (from 13/07/2024 to 03/02/2026) Kshs 22,150.30/=
Costs of extracting Decree…………………………………… Kshs 500.00/=
Total amount………………………………………………………Kshs 114,025.30/=
7. The Applicant judgment was now ripe for execution.
Decision
8. This application is based on the garnishee proceedings provided for under
Order 23 of the CPR. This rule focuses on the attachment of debts, specifically
funds held by banks or mobile money providers like Safaricom Mpesa or Airtel
Money for judgment debtors. The High Court in its power and jurisdiction
exercisable under the CPR has emphasized that these proceedings are a
separate, rapid mode of execution designed to prevent private alienation of
funds not to create security.
9. The following cases demonstrates the now developed principles applicable on
this mode of execution generally referred to as garnishee proceedings:
Safaricom PLC (Garnishee) (Miscellaneous Civil - Kenya Law [2026]
eKLR) (2026/909): The Court confirmed that M-Pesa Till Numbers and
operator short codes can be attached to satisfy decretal sums.
7
CIVIL MISC E007 OF 2024
Application No. E051 of 2023 - National Land Commission v Prof.
Ojienda & 2 Others: A garnishee order absolute was issued against the
NLC's bank accounts to satisfy a decretal amount of over Kshs. 397 million,
highlighting the attachment of state organ accounts held by banks.
Milimani High Court Civil Appeal No. E451 of 2025 - Ecobank Kenya
Limited (2026): Addressed the liability of a bank (garnishee) that allowed
debits to a debtor's account after being served with a garnishee order nisi,
leading to an order absolute.
High Court at Embu Miscellaneous Application No. E038 of 2019
(2020) eKLR: Explains that garnishee proceedings are separate and that
the burden shifts to the garnishee to prove they do not hold sufficient funds.
Diamond Trust Bank Kenya Ltd (Garnishee) MKS HC Misc. Civil App.
No. 405 of 2017 [2020] eKLR: Established that the onus is on the
garnishee to show that the account is in debit (not credit) or that a lien
exists, in order to be discharged.
Abbey Resort Limited v The County Government of Kajiado (2020)
eKLR: The Court ruled that garnishee proceedings against a County
Government/State organ must comply with the Government Proceedings
Act (not just Order 23 of the Civil Procedure Rules) and improper attachment
should be lifted.
10. From the legal perspective on garnishee proceedings upon service on the
garnishee certain orders follow to give effect to Rule 23 of the CPR. The
discretion of the Court is exercised upon satisfying itself that this
circumstances exist dependent on certain facts which includes the following:
No Debt Due: The garnishee successfully proves that there are no cash
assets or receivables belonging to the judgment debtor.
Prior Liens/Debits: The garnishee proves they have a prior legal lien over
the funds, or that the account is already a "debit/deficit account" due to
other Court orders.
8
CIVIL MISC E007 OF 2024
Failure to Properly Serve: The garnishee order nisi was not properly
served, making the proceedings procedurally flawed.
Satisfaction of Debt: The debt has been fully satisfied, or in cases where
multiple garnishees exist, a specific bank is found to have no funds,
leading to its discharge.
11. I have therefore reviewed the evidence before this Court pursuant to Order 23
Rule 4 of the CPR and a garnishee order Nisi having been issued by this Court,
the decretal sum be paid into Court or to the Creditor as confirmed by the
Garnishee a validation of discharge does take effect to facilitate transfer of
funds held in the account of the Judgment Debtor to that of the Judgment
Creditor. It is so ordered.
SIGNED, DATED AND DELIVERED AT VIHIGA THIS 13TH DAY OF MAY
2026.
………………………………….
R. NYAKUNDI
JUDGE
9
CIVIL MISC E007 OF 2024