RULING
1. Introduction
1. Before this Court is the Notice of Motion dated 24th September 2025 brought by the Applicant, Amadi & Amadi Advocates, pursuant to Section 51(2) of the Advocates Act, Cap 16 Laws of Kenya and Order 52 Rule 6 of the Civil Procedure Rules.
2. The Applicant seeks the following orders:
a. That judgment be entered for the Applicant against the Respondent in the sum of Kshs. 188,790/= being taxed costs.
b. That interest be awarded on the said amount from the date of taxation until payment in full.
c. That costs of the application be awarded to the Applicant.
3. The application is supported by the affidavit of Eddie Amadi, advocate of the High Court of Kenya, sworn on 24th September 2025.
2. Background
4. The Applicant acted for the Respondent in Kisii CMCC No. E129 of 2022 – John Omariba Kemoreta (suing as legal administrator of the estate of Benedict Nyamira Omariba) vs Judon Nyarango Momanyi.
5. According to the Applicant, the Respondent instructed the firm to represent its interests in the said proceedings but subsequently failed to settle the advocate–client legal fees.
6. As a consequence, the Applicant lodged an Advocate–Client Bill of Costs for taxation.
7. The Bill of Costs was taxed before the Deputy Registrar of this Court and a Certificate of Taxation issued on 30th July 2025 in the sum of Kshs. 188,790/=.
8. The Applicant avers that despite demand and reminders, the Respondent has failed and/or neglected to settle the taxed costs, hence the present application seeking entry of judgment.
3. Issue for Determination
9. The single issue arising for determination is:
Whether the Applicant is entitled to judgment for the taxed costs pursuant to Section 51(2) of the Advocates Act
4. Applicable Law
10. The application is anchored on Section 51(2) of the Advocates Act, which provides:
“The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the court, be final as to the amount of the costs covered thereby and the court may make such order in relation thereto as it thinks fit, including… an order that judgment be entered for the sum certified to be due.”
11. The legal position emerging from the above provision is that once a Certificate of Taxation has been issued and has not been set aside, the court may enter judgment for the amount certified.
12. This principle was affirmed in Lubulellah & Associates Advocates v N K Brothers Limited [2014] eKLR, where the court held that:
“Where a certificate of taxation has been issued and no reference has been filed to challenge it, the court has no reason to deny the advocate judgment for the taxed costs.”
13. Similarly, in Ahmednasir Abdikadir & Co. Advocates v National Bank of Kenya Ltd (2006) eKLR, the court stated that:
“A certificate of taxation issued by a taxing officer is final as to the amount of costs unless it is set aside or altered by the court.”
14. The Court of Appeal in Machira & Co. Advocates v Arthur K. Magugu & Another [2012] eKLR reiterated that:
“Once a certificate of taxation has been issued and no reference has been filed against it, the advocate is entitled to judgment for the sum certified.”
5. Analysis
15. The Applicant has exhibited a Certificate of Taxation issued by the Deputy Registrar of the High Court at Kisii on 30 July 2025 certifying that the Advocate–Client Bill of Costs was taxed in the sum of Kshs. 188,790/=.
16. The certificate constitutes prima facie evidence of the amount due to the advocate.
17. There is no evidence before this Court that the certificate has been set aside, varied, or challenged through a reference under Rule 11 of the Advocates Remuneration Order.
18. The law is settled that in the absence of such challenge, the certificate remains final as to the amount of costs.
19. Further, the Respondent has not placed before this Court any material disputing the existence of the advocate–client relationship or contesting the taxed costs.
20. The court is therefore satisfied that the Applicant has established a proper basis for entry of judgment.
21. With respect to interest, the court notes that under Rule 7 of the Advocates Remuneration Order, an advocate is entitled to interest at 14% per annum from the expiration of one month after delivery of the bill, provided such claim is made.
22. However, where judgment is sought under Section 51(2), courts commonly award interest at court rates from the date of taxation until payment in full, which this Court considers reasonable in the circumstances.
6. Determination
23. In view of the foregoing analysis, the Court finds that the application is merited.
7. Orders
24. Accordingly, the Court makes the following orders:
1. Judgment is hereby entered for the Applicant against the Respondent in the sum of Kshs. 188,790/= being the taxed Advocate–Client costs.
2. The said amount shall attract interest at 14% per Annum from 30th July 2025 (the date of the Certificate of Taxation) until payment in full.
3. The Applicant shall have the costs of this application in the sum of Kshs. 20,000/=
T. A. ODERA
JUDGE
9.3.26
DELIVERED VIRTUALLY ON THIS 9TH DAY OF MARCH 2026 IN THE PRESENCE OF CA KIPCHIRCHIR & TUMAINI H/B FOR MISS MUCHERU FOR RESPONDENT. N/A APPLICANT
Tumaini : we seek 30 days stay of execution.
Order : 30 days stay is granted
T. A. ODERA
JUDGE
9.3.26
1. Introduction
1. Before this Court is the Notice of Motion dated 24th September 2025 brought by the Applicant, Amadi & Amadi Advocates, pursuant to Section 51(2) of the Advocates Act, Cap 16 Laws of Kenya and Order 52 Rule 6 of the Civil Procedure Rules.
2. The Applicant seeks the following orders:
a. That judgment be entered for the Applicant against the Respondent in the sum of Kshs. 188,790/= being taxed costs.
b. That interest be awarded on the said amount from the date of taxation until payment in full.
c. That costs of the application be awarded to the Applicant.
3. The application is supported by the affidavit of Eddie Amadi, advocate of the High Court of Kenya, sworn on 24th September 2025.
2. Background
4. The Applicant acted for the Respondent in Kisii CMCC No. E129 of 2022 – John Omariba Kemoreta (suing as legal administrator of the estate of Benedict Nyamira Omariba) vs Judon Nyarango Momanyi.
5. According to the Applicant, the Respondent instructed the firm to represent its interests in the said proceedings but subsequently failed to settle the advocate–client legal fees.
6. As a consequence, the Applicant lodged an Advocate–Client Bill of Costs for taxation.
7. The Bill of Costs was taxed before the Deputy Registrar of this Court and a Certificate of Taxation issued on 30th July 2025 in the sum of Kshs. 188,790/=.
8. The Applicant avers that despite demand and reminders, the Respondent has failed and/or neglected to settle the taxed costs, hence the present application seeking entry of judgment.
3. Issue for Determination
9. The single issue arising for determination is:
Whether the Applicant is entitled to judgment for the taxed costs pursuant to Section 51(2) of the Advocates Act
4. Applicable Law
10. The application is anchored on Section 51(2) of the Advocates Act, which provides:
“The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the court, be final as to the amount of the costs covered thereby and the court may make such order in relation thereto as it thinks fit, including… an order that judgment be entered for the sum certified to be due.”
11. The legal position emerging from the above provision is that once a Certificate of Taxation has been issued and has not been set aside, the court may enter judgment for the amount certified.
12. This principle was affirmed in Lubulellah & Associates Advocates v N K Brothers Limited [2014] eKLR, where the court held that:
“Where a certificate of taxation has been issued and no reference has been filed to challenge it, the court has no reason to deny the advocate judgment for the taxed costs.”
13. Similarly, in Ahmednasir Abdikadir & Co. Advocates v National Bank of Kenya Ltd (2006) eKLR, the court stated that:
“A certificate of taxation issued by a taxing officer is final as to the amount of costs unless it is set aside or altered by the court.”
14. The Court of Appeal in Machira & Co. Advocates v Arthur K. Magugu & Another [2012] eKLR reiterated that:
“Once a certificate of taxation has been issued and no reference has been filed against it, the advocate is entitled to judgment for the sum certified.”
5. Analysis
15. The Applicant has exhibited a Certificate of Taxation issued by the Deputy Registrar of the High Court at Kisii on 30 July 2025 certifying that the Advocate–Client Bill of Costs was taxed in the sum of Kshs. 188,790/=.
16. The certificate constitutes prima facie evidence of the amount due to the advocate.
17. There is no evidence before this Court that the certificate has been set aside, varied, or challenged through a reference under Rule 11 of the Advocates Remuneration Order.
18. The law is settled that in the absence of such challenge, the certificate remains final as to the amount of costs.
19. Further, the Respondent has not placed before this Court any material disputing the existence of the advocate–client relationship or contesting the taxed costs.
20. The court is therefore satisfied that the Applicant has established a proper basis for entry of judgment.
21. With respect to interest, the court notes that under Rule 7 of the Advocates Remuneration Order, an advocate is entitled to interest at 14% per annum from the expiration of one month after delivery of the bill, provided such claim is made.
22. However, where judgment is sought under Section 51(2), courts commonly award interest at court rates from the date of taxation until payment in full, which this Court considers reasonable in the circumstances.
6. Determination
23. In view of the foregoing analysis, the Court finds that the application is merited.
7. Orders
24. Accordingly, the Court makes the following orders:
1. Judgment is hereby entered for the Applicant against the Respondent in the sum of Kshs. 188,790/= being the taxed Advocate–Client costs.
2. The said amount shall attract interest at 14% per Annum from 30th July 2025 (the date of the Certificate of Taxation) until payment in full.
3. The Applicant shall have the costs of this application in the sum of Kshs. 20,000/=
T. A. ODERA
JUDGE
9.3.26
DELIVERED VIRTUALLY ON THIS 9TH DAY OF MARCH 2026 IN THE PRESENCE OF CA KIPCHIRCHIR & TUMAINI H/B FOR MISS MUCHERU FOR RESPONDENT. N/A APPLICANT
Tumaini : we seek 30 days stay of execution.
Order : 30 days stay is granted
T. A. ODERA
JUDGE
9.3.26