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1. The application before me is the Notice of Motion dated 17th March, 2025, brought under Section 51(2) of the Advocates Act Advocates Remuneration Order 2014, Order 52 of the Civil Procedure Rule, 2010, Section 1A, 1B, 3 and 3A of the Civil Procedure Act). The application is seeking the following Orders:
a. THAT this Honourable Court be pleased to convert the Advocate Client Certificate of Taxation dated 24/1/2024 into a Court Decree against the Respondent for the sum of Kshs. 1,726,367.68 /=
b. THAT costs of this Application be provided for.
2. The application is supported by a Supporting Affidavit by Eva W. Kahiti sworn on 17th March, 2025.
3. The Applicant argued that the Respondent retained their legal services to represent her in Nairobi CACA No. 97 of 2014, in which she was a party against Nairobi City County and others.
4. Upon conclusion of the matter, the Applicant filed an Advocate-Client Bill of Costs, which was taxed at Kshs. 1,726,367.68 on 22nd April 2021, and a Certificate of Taxation was subsequently issued on 24th January 2024.
5. The Applicant asserts that despite the taxation and issuance of the certificate, the Respondent has failed, neglected, or refused to settle the taxed costs and now seeks an order that the Certificate of Taxation be adopted as a decree of the Court, in order to facilitate enforcement and recovery of the unpaid legal fees.
Analysis and Determination;
6. Section 51 (2) of The Advocates Act provides that, “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.”
7. This court is satisfied that an Advocate-Client Bill of Costs, which was taxed at Kshs. 1,726,367.68 on 22nd April 2021, and a Certificate of Taxation was subsequently issued on 24th January 2024.
8. The application is unopposed. The application meets the statutory requirements of Section 51 (2) of The Advocates Act and the application has merits.
Order;
The application is allowed.
Dated, signed and delivered at Nairobi this 7th day of November, 2025.
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1. The application before me is the Notice of Motion dated 17th March, 2025, brought under Section 51(2) of the Advocates Act Advocates Remuneration Order 2014, Order 52 of the Civil Procedure Rule, 2010, Section 1A, 1B, 3 and 3A of the Civil Procedure Act). The application is seeking the following Orders:
a. THAT this Honourable Court be pleased to convert the Advocate Client Certificate of Taxation dated 24/1/2024 into a Court Decree against the Respondent for the sum of Kshs. 1,726,367.68 /=
b. THAT costs of this Application be provided for.
2. The application is supported by a Supporting Affidavit by Eva W. Kahiti sworn on 17th March, 2025.
3. The Applicant argued that the Respondent retained their legal services to represent her in Nairobi CACA No. 97 of 2014, in which she was a party against Nairobi City County and others.
4. Upon conclusion of the matter, the Applicant filed an Advocate-Client Bill of Costs, which was taxed at Kshs. 1,726,367.68 on 22nd April 2021, and a Certificate of Taxation was subsequently issued on 24th January 2024.
5. The Applicant asserts that despite the taxation and issuance of the certificate, the Respondent has failed, neglected, or refused to settle the taxed costs and now seeks an order that the Certificate of Taxation be adopted as a decree of the Court, in order to facilitate enforcement and recovery of the unpaid legal fees.
Analysis and Determination;
6. Section 51 (2) of The Advocates Act provides that, “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.”
7. This court is satisfied that an Advocate-Client Bill of Costs, which was taxed at Kshs. 1,726,367.68 on 22nd April 2021, and a Certificate of Taxation was subsequently issued on 24th January 2024.
8. The application is unopposed. The application meets the statutory requirements of Section 51 (2) of The Advocates Act and the application has merits.
Order;
The application is allowed.
Dated, signed and delivered at Nairobi this 7th day of November, 2025.
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