REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
MISC. PETITIOIN NO E030 OF 2023
ANDREW & STEVE ADVOCATES….ADVOCATE / APPLICANT
VERSUS
MERCY MAINA ……………………….CLIENT/RESPONDENT
RULING
- This is a notice of motion dated 29th April 2024 by the advocate against the client. It is brought under section 52(1) of the Advocates Act, seeking an order of this court adopting the amount in the certificate of taxation as a judgment of the court.
- I have heard counsel for the advocate/ applicant and read the application and the supporting affidavit together with the annextures.
- The advocate- client Bill of costs was taxed on 18 / 1/ 2024 and allowed in the sum of Kshs. 373,662 as against the client. A certificate of costs was issued and dated 25/1/2024 certifying the amount of costs as taxed.
- Although the client was served, no response was filed. The application was therefore not opposed. The client was also served with a hearing notice but again failed to attend court.
- It is clear that the advocate’s costs were determined by the taxing officer, allowed and a certificate of taxation issued in that regard. That certificate has not been set aside. There is no allegation that there is any pending challenge to that certificate.
- Consequently, and for the above reasons, the application is allowed. Judgment is hereby entered in favour of the advocate/ applicant in the sum of Kshs. 373, 662 in terms of the certificate of costs dated 25/1/2024. A decree do issue in terms of this judgment. The advocate shall also have costs of the application.
E C MWITA
JUDGE
14/11/2024