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JudgmentOUMA MAURICE OTIENO T/A O.M.OTIENO & CO ADV VS AFRICAN MERCHANT ASSURANCE2 min read

OUMA MAURICE OTIENO T/A O.M.OTIENO & CO ADV VS AFRICAN MERCHANT ASSURANCE

High Court at Nyamira High Court · · T. Cherere

1. The Chamber Summons dated 15th April 2026 seeks an order that the Garnishee Order Nisi issued on 20th April 2026 be made absolute. The application seeks payment of the decretal sum of KES. 458,417.46 from monies held by the Garnishee on behalf of the Judgment Debtor.

2. The Order Nisi attached monies held by the Garnishee on behalf of the Judgment Debtor in Pay Bill Number 545400, Till Number 4106404, or any other account maintained by the Garnishee, and directed the parties to appear on 28th May 2026 to show cause why the order should not be made absolute.

3. The Affidavit of Service sworn on 18th May 2026 confirms that the Garnishee was served on 23rd April 2026, while the Judgment Debtor was served through its advocates on 29th April 2026. Despite service, the Judgment Debtor neither responded to nor opposed the application

4. The Garnishee responded through the Replying Affidavit of Stella Mutindi Mutua sworn on 25th May 2026. It 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 claimed. The Garnishee also indicates that it is ready to release the attached funds upon the issuance of a Garnishee Order Absolute.

5. The decree is undisputed, the application is unopposed, and the Garnishee has acknowledged holding sufficient funds to satisfy the decretal sum. There is therefore no impediment to making the Garnishee Order Nisi absolute.

6. The application consequently succeeds. 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 the Decree Holder, Ouma Maurice Otieno t/a O.M. Otieno & Company Advocates, the sum of KES. 458,417.46, together with any interest payable under the decree, from monies held on behalf of the Judgment Debtor in Pay Bill Number 545400, Till Number 4106404 maintained by the Garnishee in the name of the Judgment Debtor sufficient to satisfy the decree.
3) Upon compliance with Order 2 above, the Garnishee shall stand discharged from these garnishee proceedings.
4) The Judgment Debtor shall bear the costs of the garnishee proceedings.