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REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL MISCELLANEOUS APPLICATION NO. 127 OF 20218
WATTANGA SIMIYU T/A MAKOKHA
WATTANGA & LUYALI & CO. ADVOCATES……………APPLICANT
VERSUS
AFRICA MERCHANT ASSURANCE CO. LTD…………RESPONDENT
RULING
1. Upon the Applicant’s Notice of Motion(Ex Parte) dated 17.9.2025 coming up for the directions before me this 3rd day of October,2025,I have duly considered the same, the affidavit in support thereof sworn on even date by Serah Wanjiku Karuga and the enclosures attached thereto and I do find that an Advocate/Client relationship existed between the Applicant and the Respondent and that the latter failed to pay the Applicant legal fees for the services rendered which failure precipitated the taxing of the Advocate/Client Bill of costs in Bungoma HCCCMISC. Applications NOs. 128,129,130,132 and 133 of 2018.Simiyu Wattanga T/A Makokha Wattanga and Luyali Advocates vs Africa Merchant Assurance Company Ltd and Bungoma HCCCMISC Application Nos. 151 of 208 and 19 of 2019, Dennis Magare T/A Magare Musundi & Company Advocates -vs- African Merchant Assurance Company Ltd. and certificate of costs were duly issued on diverse dates totaling to Kshs 1,364,347.20/= as exhibited through annexures SWK 1 (a)- (h).
2. The Applicant has in the supporting affidavit of Serah Wanjiku Karuga deposed that it has the knowledge of the fact that the Respondent/Judgement debtor operates a Mpesa Till NO 4106404 with M/S Safaricom PLC, the Garnishee herein and that the said account holds sufficient funds to settle the certified costs of Kshs 1,364,347.20/= wherefore this court ought to issue order nisi attaching all the monies accruing and payable by the Garnishee to the Respondent A in respect of all savings, fixed and current account in particular Mpesa Till NO.4106404 and that the said monies be paid to the Applicant’s Advocates M/S Wanjiku Karuga & Company Advocates to satisfy the decrees issued in the cited matters all totaling to Kshs 1,364,347.20/=.
3. Whereas this application is made Ex Parte and this court ought, once it is persuaded of its merit issue a garnishee order nisi, I am perplexed by the fact that the Applicants are purporting to give a ride to the firm of Dennis Magare T/A Magare Musundi & Company Advocates in this Application. This joinder of two Applications of this nature is a strange practice given that the nexus between the two firms has not been explained save that the Respondent owes them the money. I am thus unable to accede to the invitation to issue garnishee orders nisi to an omnibus application which I do find to be fatally and incurably defective due to the said misjoinder of two law firms in the substantive prayers yet only one law firm is the Applicant. I therefore strike out this Application with no orders as to costs.
4. This file is hereby marked as closed.
Delivered, signed and dated at Bungoma this 3rd day of October,2025.
M. S. SHARIFF
JUDGE
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REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
CIVIL MISCELLANEOUS APPLICATION NO. 127 OF 20218
WATTANGA SIMIYU T/A MAKOKHA
WATTANGA & LUYALI & CO. ADVOCATES……………APPLICANT
VERSUS
AFRICA MERCHANT ASSURANCE CO. LTD…………RESPONDENT
RULING
1. Upon the Applicant’s Notice of Motion(Ex Parte) dated 17.9.2025 coming up for the directions before me this 3rd day of October,2025,I have duly considered the same, the affidavit in support thereof sworn on even date by Serah Wanjiku Karuga and the enclosures attached thereto and I do find that an Advocate/Client relationship existed between the Applicant and the Respondent and that the latter failed to pay the Applicant legal fees for the services rendered which failure precipitated the taxing of the Advocate/Client Bill of costs in Bungoma HCCCMISC. Applications NOs. 128,129,130,132 and 133 of 2018.Simiyu Wattanga T/A Makokha Wattanga and Luyali Advocates vs Africa Merchant Assurance Company Ltd and Bungoma HCCCMISC Application Nos. 151 of 208 and 19 of 2019, Dennis Magare T/A Magare Musundi & Company Advocates -vs- African Merchant Assurance Company Ltd. and certificate of costs were duly issued on diverse dates totaling to Kshs 1,364,347.20/= as exhibited through annexures SWK 1 (a)- (h).
2. The Applicant has in the supporting affidavit of Serah Wanjiku Karuga deposed that it has the knowledge of the fact that the Respondent/Judgement debtor operates a Mpesa Till NO 4106404 with M/S Safaricom PLC, the Garnishee herein and that the said account holds sufficient funds to settle the certified costs of Kshs 1,364,347.20/= wherefore this court ought to issue order nisi attaching all the monies accruing and payable by the Garnishee to the Respondent A in respect of all savings, fixed and current account in particular Mpesa Till NO.4106404 and that the said monies be paid to the Applicant’s Advocates M/S Wanjiku Karuga & Company Advocates to satisfy the decrees issued in the cited matters all totaling to Kshs 1,364,347.20/=.
3. Whereas this application is made Ex Parte and this court ought, once it is persuaded of its merit issue a garnishee order nisi, I am perplexed by the fact that the Applicants are purporting to give a ride to the firm of Dennis Magare T/A Magare Musundi & Company Advocates in this Application. This joinder of two Applications of this nature is a strange practice given that the nexus between the two firms has not been explained save that the Respondent owes them the money. I am thus unable to accede to the invitation to issue garnishee orders nisi to an omnibus application which I do find to be fatally and incurably defective due to the said misjoinder of two law firms in the substantive prayers yet only one law firm is the Applicant. I therefore strike out this Application with no orders as to costs.
4. This file is hereby marked as closed.
Delivered, signed and dated at Bungoma this 3rd day of October,2025.
M. S. SHARIFF
JUDGE
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