1. By the Chamber Summons dated 15th April 2026, the Decree Holder, Ouma Maurice Otieno t/a O.M. Otieno & Company Advocates, invites the Court to confirm the Garnishee Order Nisi issued against Safaricom PLC and to direct payment of the decretal sum of KES. 249,342.85 due from the Judgment Debtor, Africa Merchant Assurance Company Limited. The application is supported by the affidavit sworn by Ouma Maurice Otieno on the same date.
2. The Court was satisfied that a proper basis had been laid for the commencement of garnishee proceedings and, on 20th April 2026, issued a Garnishee Order Nisi requiring the Garnishee and the Judgment Debtor to appear and show cause why the order should not be made absolute.
3. The material before the Court shows that both the Garnishee and the Judgment Debtor were duly served with the application and the Order Nisi. Whereas the Garnishee entered appearance and responded to the application, the Judgment Debtor chose not to participate in the proceedings and did not file any affidavit or grounds in opposition.
4. In its Replying Affidavit sworn by Stella Mutindi Mutua, the Garnishee acknowledges that Till Number 4106404 is operated by the Judgment Debtor and confirms that the account holds sufficient funds to satisfy the decretal sum of KES. 249,342.85. It further states that, upon service of a Garnishee Order Absolute, the decretal amount will be released within seven days.
5. The purpose of garnishee proceedings is to enable a decree holder realise the fruits of a lawful decree by attaching debts due to a judgment debtor from a third party. In the present case, the decree remains unsatisfied. The Judgment Debtor has offered no explanation for its failure to satisfy the decree, while the Garnishee has admitted that it holds sufficient funds belonging to the Judgment Debtor. There is therefore no legal or factual impediment to the confirmation of the Garnishee Order Nisi.
6. As regards costs, I find no basis for condemning the Garnishee, whose participation was limited to disclosing the existence of the funds and indicating its willingness to comply with any order issued by the Court. The present proceedings were rendered necessary solely by the Judgment Debtor's failure to satisfy the decree.
7. The result is that the Chamber Summons dated 15th April 2026 succeeds and I make the following orders—
1) The Garnishee Order Nisi issued on 20th April 2026 is hereby made absolute.
2) Safaricom PLC shall, within seven (7) days of service of this order, pay to Ouma Maurice Otieno t/a O.M. Otieno & Company Advocates the sum of KES. 249,342.85 together with interest as provided in the decree, from funds held on behalf of Africa Merchant Assurance Company Limited in Till Number 4106404 or any other account held by the Judgment Debtor with the Garnishee, to the extent necessary to satisfy the decreeThe costs of the garnishee proceedings shall be borne by the Judgment Debtor, Africa Merchant Assurance Company Limited.
2. The Court was satisfied that a proper basis had been laid for the commencement of garnishee proceedings and, on 20th April 2026, issued a Garnishee Order Nisi requiring the Garnishee and the Judgment Debtor to appear and show cause why the order should not be made absolute.
3. The material before the Court shows that both the Garnishee and the Judgment Debtor were duly served with the application and the Order Nisi. Whereas the Garnishee entered appearance and responded to the application, the Judgment Debtor chose not to participate in the proceedings and did not file any affidavit or grounds in opposition.
4. In its Replying Affidavit sworn by Stella Mutindi Mutua, the Garnishee acknowledges that Till Number 4106404 is operated by the Judgment Debtor and confirms that the account holds sufficient funds to satisfy the decretal sum of KES. 249,342.85. It further states that, upon service of a Garnishee Order Absolute, the decretal amount will be released within seven days.
5. The purpose of garnishee proceedings is to enable a decree holder realise the fruits of a lawful decree by attaching debts due to a judgment debtor from a third party. In the present case, the decree remains unsatisfied. The Judgment Debtor has offered no explanation for its failure to satisfy the decree, while the Garnishee has admitted that it holds sufficient funds belonging to the Judgment Debtor. There is therefore no legal or factual impediment to the confirmation of the Garnishee Order Nisi.
6. As regards costs, I find no basis for condemning the Garnishee, whose participation was limited to disclosing the existence of the funds and indicating its willingness to comply with any order issued by the Court. The present proceedings were rendered necessary solely by the Judgment Debtor's failure to satisfy the decree.
7. The result is that the Chamber Summons dated 15th April 2026 succeeds and I make the following orders—
1) The Garnishee Order Nisi issued on 20th April 2026 is hereby made absolute.
2) Safaricom PLC shall, within seven (7) days of service of this order, pay to Ouma Maurice Otieno t/a O.M. Otieno & Company Advocates the sum of KES. 249,342.85 together with interest as provided in the decree, from funds held on behalf of Africa Merchant Assurance Company Limited in Till Number 4106404 or any other account held by the Judgment Debtor with the Garnishee, to the extent necessary to satisfy the decreeThe costs of the garnishee proceedings shall be borne by the Judgment Debtor, Africa Merchant Assurance Company Limited.