1. Before the Court is the Chamber Summons dated 15th April 2026 seeking that the Garnishee Order Nisi issued on 20th April 2026 be made absolute in respect of the decretal sum of KES. 175,347.62, together with costs and interest. The application is supported by the affidavit of Ouma Maurice Otieno sworn on 15th April 2026.
2. The Court has considered the Affidavit of Service sworn on 18th May 2026, which confirms that both the Garnishee and the Judgment Debtor were duly served with the application and the Garnishee Order Nisi.
3. The Garnishee filed a Replying Affidavit sworn on 25th May 2026. It admits that the Judgment Debtor operates Till Number 4106404, that the account holds sufficient funds to satisfy the decretal sum, and undertakes to release KES. 175,347.62 within seven days upon the issuance of a Garnishee Order Absolute.
4. The Judgment Debtor neither filed any response nor appeared to contest the application. In view of the Garnishee's admission that it holds sufficient funds belonging to the Judgment Debtor, and there being no legal impediment to the grant of the orders sought, the application is merited.
5. Accordingly, the Court makes the following orders:
1. The Garnishee Order Nisi issued on 20th April 2026 is hereby made absolute.
2. The Garnishee, Safaricom PLC, shall within seven (7) days remit to the Applicant the sum of Kshs. 175,347.62, together with any accrued interest and costs recoverable under the decree, from monies held on behalf of the Judgment Debtor.
3. Upon payment of the decretal sum, the Garnishee shall stand discharged from these proceedings.
4. The costs of the garnishee proceedings shall be borne by the Judgment Debtor.
2. The Court has considered the Affidavit of Service sworn on 18th May 2026, which confirms that both the Garnishee and the Judgment Debtor were duly served with the application and the Garnishee Order Nisi.
3. The Garnishee filed a Replying Affidavit sworn on 25th May 2026. It admits that the Judgment Debtor operates Till Number 4106404, that the account holds sufficient funds to satisfy the decretal sum, and undertakes to release KES. 175,347.62 within seven days upon the issuance of a Garnishee Order Absolute.
4. The Judgment Debtor neither filed any response nor appeared to contest the application. In view of the Garnishee's admission that it holds sufficient funds belonging to the Judgment Debtor, and there being no legal impediment to the grant of the orders sought, the application is merited.
5. Accordingly, the Court makes the following orders:
1. The Garnishee Order Nisi issued on 20th April 2026 is hereby made absolute.
2. The Garnishee, Safaricom PLC, shall within seven (7) days remit to the Applicant the sum of Kshs. 175,347.62, together with any accrued interest and costs recoverable under the decree, from monies held on behalf of the Judgment Debtor.
3. Upon payment of the decretal sum, the Garnishee shall stand discharged from these proceedings.
4. The costs of the garnishee proceedings shall be borne by the Judgment Debtor.