1. This matter was determined as part of a series of matters involving the same parties. The other matters in the series are Miscellaneous E536 of 2022 and E539 of 2022. Directions were taken in Miscellaneous E536 of 2022 where it was directed that the hearing of the Notice of Motion application dated 3rd July 2024 filed by the Applicant and the Chamber Summon Application dated 10th January 2024 filed by the Respondent will be heard together. Further directions on filing of submissions and a date for Ruling were issued in file No. E536 of 2022.
2. At the time of writing this ruling, and guided by the directions issued in file number E536 of 2022, I sought to retrieve the two applications from the Court Filing and Tracking System. Upon the perusal of the system, I noted that the only application filed was that by the Applicant namely, Notice of Motion application dated 3rd July 2024. There was no application by the Respondent and the only documents filed by the Respondent were the Respondent’s submissions dated 2nd September 2022 opposing the Bill of Costs as well as a Replying Affidavit Sworn on 2nd September 2022 by Ian Mimano in response to the Bill of Costs dated 14th July 2022.
3. Thus, based on the foregoing revelation, the only application for determination before this Court is the Notice of Motion Application dated 3rd July 2024. The application seeks for ORDERS:
a) That the Honourable Court be pleased to enter judgment/Decree for Kshs Seventeen Thousand and Seven Hundred and Thirty (kshs. 17,730/-) together with incidentals thereto as tabulated as; Milimani HCC & Tax Division Misc Civil Application No. E537 of 2022 – Kshs 17,730/=
b) That interest be provided for at 14% per annum from 17th Day of November, 2023 until payment in full.
4. The application is supported by an affidavit sworn on 3rd July 2024 by Mohamed Ferhan Chaudhri, a partner of the Applicant. It is based on the following grounds, that: the Bill of Costs has been taxed, and the certificate of taxation issued; the Respondent has refused to pay the legal fees despite receiving a demand and notice; the financial status of the Respondent is uncertain; the Respondent does not dispute the fees and; it is in the interest of justice that the Applicant receives the legal fees owed.
5. According to the Court Filing System, the Applicant filed submissions dated 15th November 2024. A review of these submissions indicates they were made in opposition to the Respondent’s Chamber Summons dated 10th January 2024, which seeks to file a reference out of time against the taxing officer’s ruling delivered on 11th November 2023. However, as previously noted, no such application is currently before this Court, making the submissions irrelevant to the present application.
6. I will therefore proceed to determine the application based on the pleadings before court.
7. This Court is satisfied that the Respondent was properly served with the application, which remains unchallenged. No evidence has been presented to indicate that the Certificate of Taxation has been appealed, set aside, or altered by any court. Furthermore, despite receiving the Certificate of Taxation, the Respondent has failed to settle the outstanding amount.
8. Section 51 (2) of the Advocates Act 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, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.”
9. The taxing master’s ruling dated 16th November 2022 taxed the Applicant’s advocate-client Bill of Costs at Kshs. 17,730/-. A Certificate of Taxation dated 17th November 2023 was issued. There is no evidence that the decision has been challenged by way of reference, varied or set aside. The application is merited.
10. Accordingly, the Notice of Motion application dated 3rd July 2024 is allowed. Judgment is entered in favor of the Applicant in the sum of Kshs. 17,730/- as against the Respondent. The Applicant shall also be awarded costs of this application and interest therein at the rate of 14% p.a. from the date the bill of costs dated 15th September 2022 was taxed, that is to say from 17th November, 2023 until payment in full.
It is so ordered.
Delivered, Dated and Signed this 16th day of May 2025