REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MILIMANI
FAMILY DIVISION
MISC APPLICATION NO. E015 OF 2023
CM ADVOCATES LLP ................... APPLICANT
VERSUS
NJERI GACERU .................... RESPONDENT
RULING
The Applicant has filed Notice of Motion dated 31 October 2023, brought under section 51(2) of the Advocates Act, Order 51 of the Civil Procedure Rules and sections 1A and 1B of the Civil Procedure Act. The Application seeks the following orders:
That the court be pleased to order that the Certificate of Taxation dated 23 rd August 2023, issued to the Applicant, as against the Respondent, be converted into a judgement and decree of this court and consequently, a judgement be entered for ><> > >><>><>><>><>><>><>><>><>><>><>><>><>><>><> Section 51 (2) of the Advocates Act provides as follows:
Pursuant to the provisions of Section 2 of the Advocates Act –“Client’ includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, express or implied, to retain or employ an advocate and any person who is or may be liable to pay an advocate any costs.
In the case of Musyoka & Wambua Advocates v Rustam Hira Advocate (2006) eKLR it was held thus:
“Section 51 of the Act makes general provisions as to taxation, as the marginal note indicates. One of those provisions is that the court has discretion to enter judgment on a Certificate of Taxation which has not been set aside or altered, where there is no dispute as to retainer. This in my view is a mode of recovery of taxed costs provided by law, in addition to filing of suit.....”
Having read the Application, Affidavits as well as the attached documents, I am of the considered view that the same is merited. The Application is allowed and I make the following orders:
Judgement is hereby entered for the Applicant against the Respondent in terms of the Certificate of Costs dated 23 August 2023 for Kshs 1,524,642.10.
Interest thereon is awarded at the rate of 14% per annum from 23 August 2023 until payment in full.
The Applicant is awarded costs assessed at Kshs 30,000/=.
DATED AND DELIVERED AT NAIROBI THIS 4 DAY OF JULY 2025
HELENE R. NAMISI
JUDGE OF THE HIGH COURT
Delivered on virtual platform in the presence of:
For Applicant: Ms Kiarie h/b Ms. Mumbi
For Respondent: N/A
Libertine Achieng..... Court Assistant
IN THE HIGH COURT OF KENYA AT MILIMANI
FAMILY DIVISION
MISC APPLICATION NO. E015 OF 2023
CM ADVOCATES LLP ................... APPLICANT
VERSUS
NJERI GACERU .................... RESPONDENT
RULING
The Applicant has filed Notice of Motion dated 31 October 2023, brought under section 51(2) of the Advocates Act, Order 51 of the Civil Procedure Rules and sections 1A and 1B of the Civil Procedure Act. The Application seeks the following orders:
That the court be pleased to order that the Certificate of Taxation dated 23 rd August 2023, issued to the Applicant, as against the Respondent, be converted into a judgement and decree of this court and consequently, a judgement be entered for ><> > >><>><>><>><>><>><>><>><>><>><>><>><>><>><> Section 51 (2) of the Advocates Act provides as follows:
Pursuant to the provisions of Section 2 of the Advocates Act –“Client’ includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, express or implied, to retain or employ an advocate and any person who is or may be liable to pay an advocate any costs.
In the case of Musyoka & Wambua Advocates v Rustam Hira Advocate (2006) eKLR it was held thus:
“Section 51 of the Act makes general provisions as to taxation, as the marginal note indicates. One of those provisions is that the court has discretion to enter judgment on a Certificate of Taxation which has not been set aside or altered, where there is no dispute as to retainer. This in my view is a mode of recovery of taxed costs provided by law, in addition to filing of suit.....”
Having read the Application, Affidavits as well as the attached documents, I am of the considered view that the same is merited. The Application is allowed and I make the following orders:
Judgement is hereby entered for the Applicant against the Respondent in terms of the Certificate of Costs dated 23 August 2023 for Kshs 1,524,642.10.
Interest thereon is awarded at the rate of 14% per annum from 23 August 2023 until payment in full.
The Applicant is awarded costs assessed at Kshs 30,000/=.
DATED AND DELIVERED AT NAIROBI THIS 4 DAY OF JULY 2025
HELENE R. NAMISI
JUDGE OF THE HIGH COURT
Delivered on virtual platform in the presence of:
For Applicant: Ms Kiarie h/b Ms. Mumbi
For Respondent: N/A
Libertine Achieng..... Court Assistant