Kemei t/a EJ Kemei & Company Advocates v Africa Merchant Assurance Company Limited; Safaricom Plc (Garnishee) (Miscellaneous Civil Application E138 of 2025) [2026] KEHC 867 (KLR) (30 January 2026) (Ruling)
- Court
- High Court of Kenya
- Case number
- 867
- Citation
- [2026] KEHC 867 (KLR)
- Decided
- 30 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureRespondent's application for garnishee orderCoramHon. Justice R. Nyakundi
Holding
The court finds the garnishee order nisi insufficient to satisfy the decree and the applicant's costs.
Facts
The applicant is owed Kshs 53,981 by the respondent, who holds an account with the garnishee (Safaricom PLC) from which the decree can be satisfied.
Issues
- Whether the garnishee order nisi should be made absolute
- Whether the garnishee has sufficient funds to satisfy the decree
Reasoning
The court ruled that the garnishee order nisi was insufficient to satisfy the decree and the applicant's costs.
Outcome
The garnishee order nisi is discharged and the garnishee is discharged from the proceedings.
Orders
- The garnishee order nisi is discharged
- The garnishee is discharged from the proceedings
Remedies
- The garnishee is granted costs on the applicant's application
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- Nyandoro & Company Advocates v National Water Conservation & Pipeline Corporation; Kenya Commercial Bank Group Limited (Garnishee) [2021] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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