Onenga t/a Omongo Gatune & Company Advocates v Kenya Tertiary and Schools Workers Union; ABSA Bank Limited (Garnishee) (Miscellaneous Application E150 of 2023) [2024] KEELRC 2224 (KLR) (19 September 2024) (Ruling)

Facts

The Applicant, Clement Omongo Onenga t/a Omongo Gatune & Company Advocates, seeks an order for the Garnishee, ABSA Bank Limited, to apply funds on account number 2036751064 in the name of the Respondent, Kenya Tertiary and Schools Workers Union, to satisfy the Certificate of Costs issued in the Applicant's favour.

Issues

1. Whether the court should enter judgment in the Applicant's favour in terms of the Certificate of Costs
2. Whether the Garnishee should be allowed to challenge the application on grounds of insufficiency of funds and disputed mandate to run the account

Reasoning

The court finds that the Certificate of Costs is the amount due to the Applicant unless set aside by the court. The Garnishee's insufficiency of funds and disputed mandate objections are not cogent reasons to reject the application.

Outcome

Judgment for the Applicant against the Respondent for the sum of Ksh. 1,847,729.20 as per the Certificate of Costs dated 13th March 2024.

Authorities cited