Introduction
1. Before the court is a Notice of Motion dated 29th June 2026 brought by the Plaintiff/Decree Holder under the provisions of Order 23 of the Civil Procedure Rules seeking the following orders:
a) spent
b) That the court be pleased to issue a garnishee order nisi against the 1st and 2nd garnishee on account numbers 1168546109 and 02120149596401 respectively
c) That the garnishee order nisi issued be served upon the 1st and 2nd garnishee before being served on the judgment debtor
d) That the 1st and 2nd garnishee do appear before court on the appointed date and show cause why they should not pay the decretal sum of USD 259,272, and taxed costs of Kshs.850940 to the decree holder.
e) That the garnishee order nisi issued herein be made absolute.
f) That the costs of this application be paid by the judgement debtor.
2. The application is supported by the affidavit of May Sande, sworn on 29th June 2026, and is premised on the grounds that a consent judgment was entered in favour of the Plaintiff against the Defendant for the sum of USD 259,272, payable in twelve (12) monthly instalments of USD 21,606 from March 2024. It was further deposed that interest and costs, which were later taxed at Kshs. 850,940 and a Certificate of Taxation in that regard issued on 30th October 2025.
3. A decree was subsequently extracted, and despite demand, the decretal amount remains unsatisfied. The Plaintiff avers that the Judgment Debtor maintains bank accounts with the Garnishees who hold funds capable of satisfying the decree.
4. Upon considering the application ex parte, this Court certified it urgent and issued a Garnishee Order Nisi dated 2nd July 2026 directing the Garnishees to appear and show cause why the order should not be made absolute.
5. The record further shows that the Garnishee Order Nisi together with the application and hearing notice were duly served upon both Garnishees as evidenced by the Affidavit of Service dated 9th July 2026 filed herein.
6. Despite proper service, neither Garnishee filed a response, entered appearance nor attended court on the appointed date to show cause why the order nisi should not be confirmed.
Analysis and Determination
7. The issue falling for determination is therefore whether the Plaintiff has satisfied the legal requirements for the issuance of a Garnishee Order Absolute.
Whether the Plaintiff has satisfied the legal requirements for the issuance of a Garnishee Order Absolute
8. Order 23 Rule 1 of the Civil Procedure Rules empowers the Court, upon application by a decree holder, to attach debts due or accruing from a third party to a judgment debtor. Under Order 23 Rule 4, where the garnishee fails to attend court or fails to dispute liability after being duly served with the Garnishee Order Nisi, the Court is entitled to make the garnishee order absolute.
9. I have carefully considered the application, the supporting affidavit and the court record. It is evident that there exists a valid and unsatisfied decree in favour of the Plaintiff. The application for garnishee proceedings was properly instituted, and the Garnishees were afforded an opportunity to contest the proceedings but elected not to do so. Their failure to appear or file any response leaves the Plaintiff's evidence uncontroverted.
10. In Kenya Electricity Transmission Company Limited v Spedag Interfreight Kenya Limited & 4 others (Civil Appeal E028 of 2021) [2024] KECA 542 (KLR) the Court of Appeal found that where the garnishee fails to appear, or appears but fails to show cause why he should not pay to the decree- holder the debt due from him to the judgment-debtor or so much thereof as may be sufficient to satisfy the decree together with the costs, a garnishee order absolute is made, and it is at that stage that the garnishee becomes liable to settle the decretal sum owed to the decree holder by the judgement debtor. A similar position was found in Mulji Kanji Mehta v Karsandas Pitamber & Brothers [1958] EA 694.
11. In the present case, I find no legal impediment to confirmation of the Garnishee Order Nisi. The Garnishees have neither denied holding funds belonging to the Judgment Debtor nor demonstrated any reason why the monies should not be attached. Their silence can only lead to the conclusion that they have no lawful basis for resisting the application.
12. Accordingly, I am satisfied that the Plaintiff has established sufficient grounds for the grant of the orders sought and make the following orders:
a) The Garnishee Order Nisi issued against KCB Bank Kenya Limited and Co-operative Bank of Kenya Limited is hereby made Absolute.
b) The 1st and 2nd Garnishees shall forthwith pay to the Plaintiff/Decree Holder, from monies held by them on behalf of the Judgment Debtor, the decretal sum together with accrued interest and the costs of these garnishee proceedings, or such amount as is available in the Judgment Debtor's accounts, up to the decretal sum.
c) In the event that the funds held by one Garnishee are insufficient to satisfy the decree, the balance shall be recoverable from funds held by the other Garnishee, provided that the total amount recovered shall not exceed the decretal sum together with lawful interest and costs.
d) The costs of this application shall be borne by the Judgment Debtor.
13. It is so ordered.
DATED, SIGNED, AND DELIVERED AT NAIROBI
THIS 17TH DAY OF SEPTEMBER 2026
HON. MR. JUSTICE MOSES ADO
Judge of the High Court
In the Presence of:
Moses C/A
……………… for the Applicant
……………for the Respondent
1. Before the court is a Notice of Motion dated 29th June 2026 brought by the Plaintiff/Decree Holder under the provisions of Order 23 of the Civil Procedure Rules seeking the following orders:
a) spent
b) That the court be pleased to issue a garnishee order nisi against the 1st and 2nd garnishee on account numbers 1168546109 and 02120149596401 respectively
c) That the garnishee order nisi issued be served upon the 1st and 2nd garnishee before being served on the judgment debtor
d) That the 1st and 2nd garnishee do appear before court on the appointed date and show cause why they should not pay the decretal sum of USD 259,272, and taxed costs of Kshs.850940 to the decree holder.
e) That the garnishee order nisi issued herein be made absolute.
f) That the costs of this application be paid by the judgement debtor.
2. The application is supported by the affidavit of May Sande, sworn on 29th June 2026, and is premised on the grounds that a consent judgment was entered in favour of the Plaintiff against the Defendant for the sum of USD 259,272, payable in twelve (12) monthly instalments of USD 21,606 from March 2024. It was further deposed that interest and costs, which were later taxed at Kshs. 850,940 and a Certificate of Taxation in that regard issued on 30th October 2025.
3. A decree was subsequently extracted, and despite demand, the decretal amount remains unsatisfied. The Plaintiff avers that the Judgment Debtor maintains bank accounts with the Garnishees who hold funds capable of satisfying the decree.
4. Upon considering the application ex parte, this Court certified it urgent and issued a Garnishee Order Nisi dated 2nd July 2026 directing the Garnishees to appear and show cause why the order should not be made absolute.
5. The record further shows that the Garnishee Order Nisi together with the application and hearing notice were duly served upon both Garnishees as evidenced by the Affidavit of Service dated 9th July 2026 filed herein.
6. Despite proper service, neither Garnishee filed a response, entered appearance nor attended court on the appointed date to show cause why the order nisi should not be confirmed.
Analysis and Determination
7. The issue falling for determination is therefore whether the Plaintiff has satisfied the legal requirements for the issuance of a Garnishee Order Absolute.
Whether the Plaintiff has satisfied the legal requirements for the issuance of a Garnishee Order Absolute
8. Order 23 Rule 1 of the Civil Procedure Rules empowers the Court, upon application by a decree holder, to attach debts due or accruing from a third party to a judgment debtor. Under Order 23 Rule 4, where the garnishee fails to attend court or fails to dispute liability after being duly served with the Garnishee Order Nisi, the Court is entitled to make the garnishee order absolute.
9. I have carefully considered the application, the supporting affidavit and the court record. It is evident that there exists a valid and unsatisfied decree in favour of the Plaintiff. The application for garnishee proceedings was properly instituted, and the Garnishees were afforded an opportunity to contest the proceedings but elected not to do so. Their failure to appear or file any response leaves the Plaintiff's evidence uncontroverted.
10. In Kenya Electricity Transmission Company Limited v Spedag Interfreight Kenya Limited & 4 others (Civil Appeal E028 of 2021) [2024] KECA 542 (KLR) the Court of Appeal found that where the garnishee fails to appear, or appears but fails to show cause why he should not pay to the decree- holder the debt due from him to the judgment-debtor or so much thereof as may be sufficient to satisfy the decree together with the costs, a garnishee order absolute is made, and it is at that stage that the garnishee becomes liable to settle the decretal sum owed to the decree holder by the judgement debtor. A similar position was found in Mulji Kanji Mehta v Karsandas Pitamber & Brothers [1958] EA 694.
11. In the present case, I find no legal impediment to confirmation of the Garnishee Order Nisi. The Garnishees have neither denied holding funds belonging to the Judgment Debtor nor demonstrated any reason why the monies should not be attached. Their silence can only lead to the conclusion that they have no lawful basis for resisting the application.
12. Accordingly, I am satisfied that the Plaintiff has established sufficient grounds for the grant of the orders sought and make the following orders:
a) The Garnishee Order Nisi issued against KCB Bank Kenya Limited and Co-operative Bank of Kenya Limited is hereby made Absolute.
b) The 1st and 2nd Garnishees shall forthwith pay to the Plaintiff/Decree Holder, from monies held by them on behalf of the Judgment Debtor, the decretal sum together with accrued interest and the costs of these garnishee proceedings, or such amount as is available in the Judgment Debtor's accounts, up to the decretal sum.
c) In the event that the funds held by one Garnishee are insufficient to satisfy the decree, the balance shall be recoverable from funds held by the other Garnishee, provided that the total amount recovered shall not exceed the decretal sum together with lawful interest and costs.
d) The costs of this application shall be borne by the Judgment Debtor.
13. It is so ordered.
DATED, SIGNED, AND DELIVERED AT NAIROBI
THIS 17TH DAY OF SEPTEMBER 2026
HON. MR. JUSTICE MOSES ADO
Judge of the High Court
In the Presence of:
Moses C/A
……………… for the Applicant
……………for the Respondent