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REPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT BARICHO CIVIL SUIT NO. E046 OF 2023 MARY WANJA NDEGE………….…………..…………...…PLAINTIFF/JUDGMENT CREDITOR VERSUS AFRICA MERCHANT ASSURANCE CO. LTD.................DEFENDANT/JUDGMENT DEBTOR AND SAFARICOM PLC LIMITED…………...…………………………...……………………GARNISHEE CERTIFICATE OF URGENCY I, KENNEDY MWANGI an Advocate of the High Court of Kenya do hereby certify this application to be of utmost urgency warranting to be heard on priority basis for the following reasons:- 1. THAT Judgment was entered against the Defendant/Judgment Debtor herein on 7th September 2023 for the sum of Kshs 2,704,000/- plus costs and interests. 2. THAT subsequently the Plaintiff/Judgment Creditor obtained a Decree and Certificate of Stated Costs on 16th November 2023 for the sum of Kshs. 2,964,810/-. 3. THAT the decree has been partially satisfied and the amount now due is the sum of Kshs. 2,334,000/- which amount continues to earn interests up to date. 4. THAT on numerous occasion the Plaintiff/Judgment Creditor has tried to execute the Decree against the Defendant/Judgment Debtor through attachment of movable property which has been unsuccessful. 5. THAT the Plaintiff/Judgment Creditor has a reason to believe that the Garnishee herein has monies held in Till No-. 6. THAT the Plaintiff/Judgment Creditor is apprehensive that if the Orders sought are not granted in the first instance, the Defendant/Judgment Debtor will transfer the monies held in Till No- and this in effect will render the entire application a mere academic exercise. This will be to the detriment of the Plaintiff/Judgment Creditor as she is yet to realize the fruits of the judgment delivered on 7th September 2023. DATED at KERUGOYA on ………………... this day of ……………………..……………..2025 ………………………………………… MWANGI KENNEDY & CO ADVOCATES FOR THE PLAINTIFF/JUDGMENT CREDITOR Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- REPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT BARICHO CIVIL SUIT NO. E046 OF 2023 MARY WANJA NDEGE………….…………..…………...…PLAINTIFF/JUDGMENT CREDITOR VERSUS AFRICA MERCHANT ASSURANCE CO. LTD.................DEFENDANT/JUDGMENT DEBTOR AND SAFARICOM PLC LIMITED…………...…………………………...……………………GARNISHEE NOTICE OF MOTION (Under Section 1A, 1B and 3A of the Civil Procedure Act, Cap 21 Laws of Kenya, Order 23 Rules 1 (1), (2), (3) and (4), 2, 3, 4, 5, 7, 8, 9 and 10 of the Civil Procedure Rules 2010 and all other enabling provisions of the Law) TAKE NOTICE that this Honourable Court shall be moved on the…………..Day of………………..2025 at 9.00 O’clock in the forenoon or soon thereafter so that counsel for the Plaintiff/Judgment Creditor be heard on an application for Orders: 1. THAT the application be certified as urgent, service thereof be dispensed with and the same be heard ex-parte in the first instance. 2. THAT this Honourable Court be pleased to make a Garnishee Order Nisi against the Garnishee herein being Safaricom Till No- ordering that all monies deposited and/or being held in deposit by the Garnishee in favour of the Defendant/Judgment Debtor herein be attached to answer the decree for the sum of Kshs. 2,334,000/- being the outstanding amount in respect of which judgment was entered in favour of the Plaintiff/Judgment Creditor herein inclusive of costs and interests. 3. THAT the Garnishee do appear before this Honourable Court to show cause why it should not pay the Plaintiff/Judgment Creditor, the sum of Kshs. 2,334,000/- being the debt due to her by the Defendant/Judgment Debtor or so much thereof as may be sufficient to satisfy the Decree together with costs. 4. THAT the Garnishee Order Nisi as shall be made absolute by this Honourable Court directing the Garnishee to pay the Plaintiff/Judgment Creditor the sum of Kshs. 2,334,000/- being the amounts in Safaricom Till No- towards the satisfaction of the Decree 5. THAT the costs of this application be provided for and be borne by the Defendant/Judgment Debtor and the same be recovered from the Garnishee Till No-. WHICH APPLICATION is premised on the following grounds, the supporting affidavit of MARY WANJA NDEGE and such other grounds to be adduced during the hearing; 1. THAT Judgment was entered against the Defendant/Judgment Debtor herein on 7th September 2023 for the sum of Kshs 2,704,000/- plus costs and interest in favour of the Plaintiff/Judgment/Creditor. 2. THAT subsequently the Plaintiff/Judgment Creditor obtained a Decree and Certificate of Stated Costs on 16th November 2023 for the sum of Kshs. 2,964,810/. 3. THAT the decree has been partially satisfied and the amount now due is the sum of Kshs. Kshs. 2,334,000/-. 4. THAT the decretal amount which currently stands at Kshs. 2,334,000/- remains unsettled despite the Plaintiff/Judgment Creditor’s efforts to execute the same against the Defendant/Judgment Debtor by way of attachment and sale of movable property. 5. THAT the Defendant/Judgment Debtor operates a Safaricom Till No- being operated by the Garnishee herein and the Plaintiff/Judgment Creditor believes that the aforesaid Till No- has sufficient funds to satisfy the outstanding decretal amount of Kshs. 2.334,000/-. 6. THAT the Defendant/Judgment Debtor will definitely withdraw funds held in Safaricom Till No- if the interim Orders sought are not granted rendering the entire application a mere academic exercise. 7. THAT the mode of execution advanced in this application i.e. attachment of debts is provided for order 23 of the Civil Procedure Rules, 2010. 8. THAT no prejudice whatsoever will be occasioned to the Defendant/Judgment Debtor and the Garnishee if the Orders sought are granted. 9. THAT it is only fair and in the interest of justice to grant the Orders sought. DATED at KERUGOYA on ………………... this day of ……………………..……………..2025 ………………………………………… MWANGI KENNEDY & CO ADVOCATES FOR THE PLAINTIFF/JUDGMENT CREDITOR Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon: 1. Africa Merchant Assurance Co. Ltd NextGen Mall, 4th Flr, Mombasa Road P.O. Box 61599 – 00200 Nairobi 2. Safaricom PLC Co Ltd Safaricom House Waiyaki Way, Westlands PO Box 66827, 00800 Nairobi Note: “If any party served does not appear at the place and time hereinabove stated the Applicant shall be granted the Orders prayed or such orders as the Court may deem fit and expedient.” REPUBLIC OF KENYA IN THE SENIOR PRINCIPAL MAGISTRATE’S COURT AT BARICHO CIVIL SUIT NO. E046 OF 2023 MARY WANJA NDEGE………….…………..…………...…PLAINTIFF/JUDGMENT CREDITOR VERSUS AFRICA MERCHANT ASSURANCE CO. LTD.................DEFENDANT/JUDGMENT DEBTOR AND SAFARICOM PLC LIMITED…………...…………………………...……………………GARNISHEE SUPPORTING AFFIDAVIT I MARY WANJA NDEGE a female adult of sound disposition and a resident of Kirinyaga County in the Republic of Kenya do hereby make oath and state follows; 1. THAT I am the Plaintiff/Judgment Creditor herein fully versed with the facts of the matter and hence competent to swear this affidavit. 2. THAT I was involved in a road traffic accident on 10th June 2018 along Kagio - Sagana road and consequently instituted Baricho MCCC E083 of 2021 –Mary Wanja Mugo Versus Mwangi Mugo (‘The primary suit’) which suit was against the Defendant/Judgment Debtor’s insured. 3. THAT on 12th August 2022 I got judgment against the Defendant/Judgment Debtor’s insured where I was awarded the sum of Kshs 2,600,000/- as damages plus interests and costs assessed at Kshs. 228,200/-. 4. THAT I later instituted the instant declaratory suit against the Defendant/Judgment Debtor seeking a declaration that the defendant is statutorily bound to satisfy judgment in the primary suit to the tune of Kshs/ 2,964,810/- being the entire decretal sum plus cots and interest. 5. THAT judgment was entered in the declaratory suit on 7th September 2023 and I was awarded the sum of Kshs. 2,704,000/- plus interest and costs. 6. THAT I subsequently obtained the decree on 16th November 2023 and a Certificate of stated costs amounting to Kshs 2,964,810- against the Defendant/Judgment Debtor. (Annexed and marked MWN 1 is a copy of the Decree and Certificate of stated costs) 7. THAT the Decree has been partially satisfied and the amount now due is the sum of Kshs. 2,334,000/- which amount continues to earn interests up to date. (Annexed and marked MWN 2 are copies of the proof of payment) 8. THAT through my advocates on record I have tried to execute the Decree issued by this Honourable Court through attachment and sale of movable property to no avail (Annexed and marked VMM 2 (a) and (b) are copies of the warrants of attachment and sale) 9. THAT to date the Decree issued by this Honourable Court remain unsatisfied and the outstanding amount currently stands at Kshs. 2,334,000/-. 10. THAT I have come across a Safaricom Till No- belonging to the Defendant/Judgment Debtor and I have reasons to believe that there are monies held in the said Till No- belonging to the Defendant/Judgment Debtor herein. (Annexed and marked VMM 3 is a copy of Mpesa printout evidencing ownership of the Till No- by the Defendant/Judgment Debtor) 11. THAT it is only fair and in the interest of justice that the Orders sought are granted so that I get to enjoy the fruits of the judgment delivered by this Honourable Court. 12. THAT all what is deponed to herein above is true to the best of my knowledge, information and believe. SWORN BY THE SAID MARY WANJA NDEGE at KERUGOYA ) …………………………….. ) D E P O N E N T This……………Day of………………….2025) BEFORE ME) ) ) COMMISSIONER FOR OATHS Drawn & Filed By; Mwangi Kennedy & Co Advocates Bingwa Sacco Complex 4th Floor, Right Wing P.O Box 178 – 10300 Kerugoya- To Be Served Upon: 1. Nambalu Wamaitha & Okinyi Advocates LLP TRV Centre, 4th Floor 3rd Parklands AvenueP.O. Box 68170 – 00200 Nairobi Email:- 2. Meritad Law Africa LLP Advocates Apple Woods, Adams Building Along Ngong Road, 9th Floor, Unit 914 P.O. Box 2368 - 00100 Nairobi Email:-,-