1. The Decree Holder seeks, by the Chamber Summons dated 15th April 2026, to have the Garnishee Order Nisi issued on 20th April 2026 made absolute against the Garnishee, Safaricom PLC, in satisfaction of the decretal sum of KES.372,209.50 due from the Judgment Debtor, Africa Merchant Assurance Company Limited. The application is supported by the affidavit of Ouma Maurice Otieno sworn on the same date.
2. Pursuant to the Order Nisi, the Garnishee and the Judgment Debtor were served with the application and the court order. The Affidavit of Service sworn on 18th May 2026 shows that service was effected upon the Garnishee on 23rd April 2026 and upon the Judgment Debtor through its advocates on 29th April 2026. The Judgment Debtor neither entered appearance nor filed any response.
3. The Garnishee responded through the Replying Affidavit of Stella Mutindi Mutua sworn on 25th May 2026. The affidavit confirms that the Judgment Debtor operates Till Number 4106404, aggregated under Organisational Short Code 6716100, and further confirms that the account holds sufficient funds to satisfy the decretal sum. The Garnishee also expressed its willingness to release the funds upon the issuance of a Garnishee Order Absolute.
4. Having considered the material before the Court, I am satisfied that the requirements for making the Garnishee Order Nisi absolute have been met. The application is accordingly merited.
5. Consequently, the Chamber Summons dated 15th April 2026 succeeds. I accordingly order as follows—
1) The Garnishee Order Nisi issued on 20th April 2026 is hereby made absolute.
2) The Garnishee, Safaricom PLC, shall, within seven (7) days of service of this order, pay to the Decree Holder, Ouma Maurice Otieno t/a O.M. Otieno & Co. Advocates, the decretal sum of Kshs. 372,209.50, together with the interest and costs recoverable under the decree, out of the monies held on behalf of the Judgment Debtor, Africa Merchant Assurance Company Limited, including monies held in Till Number 4106404, aggregated under Organisational Short Code 6716100 held by the Garnishee on behalf of the Judgment Debtor.
3) Upon payment of the decretal sum, the Garnishee shall stand discharged from these proceedings.
4) The Judgment Debtor shall bear the costs of the garnishee proceedings.
2. Pursuant to the Order Nisi, the Garnishee and the Judgment Debtor were served with the application and the court order. The Affidavit of Service sworn on 18th May 2026 shows that service was effected upon the Garnishee on 23rd April 2026 and upon the Judgment Debtor through its advocates on 29th April 2026. The Judgment Debtor neither entered appearance nor filed any response.
3. The Garnishee responded through the Replying Affidavit of Stella Mutindi Mutua sworn on 25th May 2026. The affidavit confirms that the Judgment Debtor operates Till Number 4106404, aggregated under Organisational Short Code 6716100, and further confirms that the account holds sufficient funds to satisfy the decretal sum. The Garnishee also expressed its willingness to release the funds upon the issuance of a Garnishee Order Absolute.
4. Having considered the material before the Court, I am satisfied that the requirements for making the Garnishee Order Nisi absolute have been met. The application is accordingly merited.
5. Consequently, the Chamber Summons dated 15th April 2026 succeeds. I accordingly order as follows—
1) The Garnishee Order Nisi issued on 20th April 2026 is hereby made absolute.
2) The Garnishee, Safaricom PLC, shall, within seven (7) days of service of this order, pay to the Decree Holder, Ouma Maurice Otieno t/a O.M. Otieno & Co. Advocates, the decretal sum of Kshs. 372,209.50, together with the interest and costs recoverable under the decree, out of the monies held on behalf of the Judgment Debtor, Africa Merchant Assurance Company Limited, including monies held in Till Number 4106404, aggregated under Organisational Short Code 6716100 held by the Garnishee on behalf of the Judgment Debtor.
3) Upon payment of the decretal sum, the Garnishee shall stand discharged from these proceedings.
4) The Judgment Debtor shall bear the costs of the garnishee proceedings.