1. What is before the Court is the question whether the Garnishee Order Nisi issued on 16th December 2025 should be allowed to stand as a final order. The order concerns recovery of KES 232,343 under the decree in this matter.
2. The Decree Holder moved the Court by Notice of Motion dated 11th December 2025 seeking attachment of monies held by Safaricom PLC for and on behalf of the Judgment Debtor in TILL 545400 and NUMBER 4106404.
3. After the interim order was granted, the Garnishee filed a Replying Affidavit sworn by Stella Mutindi Mutua, Senior Merchant Officer, Enterprise Channels Department, Fintech Operations Division, on 11th March 2026. In that affidavit, the Garnishee confirmed that M-PESA Till Number 4106404 is indeed held and operated by the Respondent/Judgment Debtor and is sufficiently funded to the extent of the decretal sum. The Garnishee sought its costs and undertook to release the decretal sum within four days upon service of the Garnishee Order Absolute. The Judgment Debtor did not file any response.
4. The effect of Order 23 of the Civil Procedure Rules is that an Order Nisi becomes ripe for confirmation where no sufficient cause is shown against it. The Court must then determine whether there is any lawful reason to decline enforcement of the decree through the garnishee process.
5. In the present case, the decree has not been satisfied and the Garnishee, far from contesting the attachment, has confirmed that the specified account is operative and adequately funded to meet the decretal sum. No material has been placed before the Court by either the Judgment Debtor or the Garnishee contesting the making of the order absolute.
6. In those circumstances, the Garnishee Order Nisi issued on 16th December 2025 is hereby confirmed and made absolute.
7. The Garnishee, Safaricom PLC, shall pay to the Decree Holder the sum of KES 232,343, together with further interest at 14% per annum on the principal decretal sum of KES 133,176 from 16th December 2025, being the date of the Garnishee Order Nisi, until payment in full, such payment to be effected from Till Number 4106404.
8. Costs of these proceedings shall be borne by the Judgment Debtor. Upon full payment of the decretal sum and accrued interest, the Garnishee shall be discharged from further liability under this decree.
2. The Decree Holder moved the Court by Notice of Motion dated 11th December 2025 seeking attachment of monies held by Safaricom PLC for and on behalf of the Judgment Debtor in TILL 545400 and NUMBER 4106404.
3. After the interim order was granted, the Garnishee filed a Replying Affidavit sworn by Stella Mutindi Mutua, Senior Merchant Officer, Enterprise Channels Department, Fintech Operations Division, on 11th March 2026. In that affidavit, the Garnishee confirmed that M-PESA Till Number 4106404 is indeed held and operated by the Respondent/Judgment Debtor and is sufficiently funded to the extent of the decretal sum. The Garnishee sought its costs and undertook to release the decretal sum within four days upon service of the Garnishee Order Absolute. The Judgment Debtor did not file any response.
4. The effect of Order 23 of the Civil Procedure Rules is that an Order Nisi becomes ripe for confirmation where no sufficient cause is shown against it. The Court must then determine whether there is any lawful reason to decline enforcement of the decree through the garnishee process.
5. In the present case, the decree has not been satisfied and the Garnishee, far from contesting the attachment, has confirmed that the specified account is operative and adequately funded to meet the decretal sum. No material has been placed before the Court by either the Judgment Debtor or the Garnishee contesting the making of the order absolute.
6. In those circumstances, the Garnishee Order Nisi issued on 16th December 2025 is hereby confirmed and made absolute.
7. The Garnishee, Safaricom PLC, shall pay to the Decree Holder the sum of KES 232,343, together with further interest at 14% per annum on the principal decretal sum of KES 133,176 from 16th December 2025, being the date of the Garnishee Order Nisi, until payment in full, such payment to be effected from Till Number 4106404.
8. Costs of these proceedings shall be borne by the Judgment Debtor. Upon full payment of the decretal sum and accrued interest, the Garnishee shall be discharged from further liability under this decree.