1. By a Notice of Motion dated 17th November 2024 and filed through the firm of Ochoki & Company Advocates and under Sections 51(2) of the Advocates’ Act, Cap 16 of the Laws of Kenya and Order 51 Rule 1 of the Civil Procedure Rules, 2010 the Appellant/Applicant herein seeks the following orders:-
a. Spent …………………………
b. That the Certificate of Costs dated 13th November 2024 be adopted as the order of the court and a certificate of order be issued in favour of the ex parte applicants against respondents in the sum of Kshs. 170,930
c. Such further and/or other orders be made as the court may deem fit and expedient.
2. The application is based on the grounds that ;
i. The ex-parte applicants filed their Bill of costs dated 1.12.21 which was taxed vide a ruling dated 20.3.24.
ii. Subsequently , the said costs were certified by the euty Registrar as due and payable to the ex-parte applicants .
iii. The said costs are thus final as no reference has been filed against the same
iv. It is just and fair that the certificate of cost be adopted as prayed,
3. The Application was supported by an Affidavit sworn by Wilkins Ochoki advocate on 17.11.24 He deponed that the applicants have a decree dated 6.2.21 in their favour against the respondents and that their Bill of costs dated 1.12.21 was taxed at Kshs 170 ,930/= and the Deputy registrar issued a certificate of costs dated 13.11.24 ‘’WO1’’ also that no reference has been lodged against the said ruling and thus the costs are now due and payable .
4. The certificate of costs is unchallenged .
Submissions.
5. The Applicant/Advocate filed its submissions dated 10.12.24 .
6. The Advocate cited Section 51(2) of the Advocates Act which provides that ‘’ (2)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.’’ The advocate cited tge case vof Republic v Trans Nzoia County Public Service Board & 2 others; Sifuna & Sifuna Advocates (Exparte) [2022] KEHC 17120 (KLR) in support of their case
7. The application is not challenged. I have seen the said Sifuna and Sifuna case (supra ) and also the case of Otieno, Ragot & Company Advocates vs Kenya Airports Authority [2021] eKLR where the Court of Appeal cited the case of Lubulellah & Associates Advocates vs N.K. Brothers Limited [2014] eKLR where the Court held that once a certificate of costs was issued and there was no reference in opposition and the certificate of costs had not been set aside, the next action was entry of judgment by the court.
DETERMINATION
8. I have considered the Application and the Advocate’s Submissions. Notably, despite service, the Respondent did not file any opposition to the Application
9. I am required to first satisfy myself that the taxation was reasonably conducted and that there is no valid challenge to the Certificate of Taxation. See par. 36 Re Estate of Eliud Timothy Mwamunga [2020] eKLR
10. Looking at the Court’s record, I find that on the face of it, the taxation was conducted appropriately.
11. I am in agreement with the Advocate’s submissions and I am persuaded with the finding in the case of Lubulellah & Associates Advocate v N.K. Brothers Limited [2014] eKLR, where the Court held as follows:
“The law is very clear that once a taxing master has taxed the costs, issued a Certificate of costs and there is no reference against his ruling or there has been a ruling and a determination made and not set aside and/or altered, no other action would be required from the court save to enter judgment. The certificate of costs is final as to the amounts of the costs and the court would be quite in order to enter judgment in favour of the Applicant against the Respondent herein for the taxed sum indicated in the Certificate of Taxation that was issued on 25th November 2012.”
12. Section 51(2) of the Advocates Act, Cap 16 of the Laws of Kenya provides as follows:
51. General provisions as to taxation
[1] Every application for an order for the taxation of an advocate’s bill or for the delivery of such a bill and the delivering up of any deeds, documents and papers by an advocate shall be made in the matter of that advocate.
[2] 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.
13. A cursory look at the Court’s record reveals that there is no application, pending or determined, as regards setting aside the certificate of taxation.
14. In the circumstances, I find the application dated 17.11.24 and am inclined to allow the same in terms of Prayer (a) as prayed.
T.A ODERA
JUDGE
12.5.25
Delivered Virtually Via Teams Platform at Kisii on this 12th May 2025 .
T. A ODERA
JUDGE
In the presence of:
Miss Ndemo - for the Applicant
Miss Ann Githinji -for the Respondent
Court Assistant- Oigo
a. Spent …………………………
b. That the Certificate of Costs dated 13th November 2024 be adopted as the order of the court and a certificate of order be issued in favour of the ex parte applicants against respondents in the sum of Kshs. 170,930
c. Such further and/or other orders be made as the court may deem fit and expedient.
2. The application is based on the grounds that ;
i. The ex-parte applicants filed their Bill of costs dated 1.12.21 which was taxed vide a ruling dated 20.3.24.
ii. Subsequently , the said costs were certified by the euty Registrar as due and payable to the ex-parte applicants .
iii. The said costs are thus final as no reference has been filed against the same
iv. It is just and fair that the certificate of cost be adopted as prayed,
3. The Application was supported by an Affidavit sworn by Wilkins Ochoki advocate on 17.11.24 He deponed that the applicants have a decree dated 6.2.21 in their favour against the respondents and that their Bill of costs dated 1.12.21 was taxed at Kshs 170 ,930/= and the Deputy registrar issued a certificate of costs dated 13.11.24 ‘’WO1’’ also that no reference has been lodged against the said ruling and thus the costs are now due and payable .
4. The certificate of costs is unchallenged .
Submissions.
5. The Applicant/Advocate filed its submissions dated 10.12.24 .
6. The Advocate cited Section 51(2) of the Advocates Act which provides that ‘’ (2)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.’’ The advocate cited tge case vof Republic v Trans Nzoia County Public Service Board & 2 others; Sifuna & Sifuna Advocates (Exparte) [2022] KEHC 17120 (KLR) in support of their case
7. The application is not challenged. I have seen the said Sifuna and Sifuna case (supra ) and also the case of Otieno, Ragot & Company Advocates vs Kenya Airports Authority [2021] eKLR where the Court of Appeal cited the case of Lubulellah & Associates Advocates vs N.K. Brothers Limited [2014] eKLR where the Court held that once a certificate of costs was issued and there was no reference in opposition and the certificate of costs had not been set aside, the next action was entry of judgment by the court.
DETERMINATION
8. I have considered the Application and the Advocate’s Submissions. Notably, despite service, the Respondent did not file any opposition to the Application
9. I am required to first satisfy myself that the taxation was reasonably conducted and that there is no valid challenge to the Certificate of Taxation. See par. 36 Re Estate of Eliud Timothy Mwamunga [2020] eKLR
10. Looking at the Court’s record, I find that on the face of it, the taxation was conducted appropriately.
11. I am in agreement with the Advocate’s submissions and I am persuaded with the finding in the case of Lubulellah & Associates Advocate v N.K. Brothers Limited [2014] eKLR, where the Court held as follows:
“The law is very clear that once a taxing master has taxed the costs, issued a Certificate of costs and there is no reference against his ruling or there has been a ruling and a determination made and not set aside and/or altered, no other action would be required from the court save to enter judgment. The certificate of costs is final as to the amounts of the costs and the court would be quite in order to enter judgment in favour of the Applicant against the Respondent herein for the taxed sum indicated in the Certificate of Taxation that was issued on 25th November 2012.”
12. Section 51(2) of the Advocates Act, Cap 16 of the Laws of Kenya provides as follows:
51. General provisions as to taxation
[1] Every application for an order for the taxation of an advocate’s bill or for the delivery of such a bill and the delivering up of any deeds, documents and papers by an advocate shall be made in the matter of that advocate.
[2] 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.
13. A cursory look at the Court’s record reveals that there is no application, pending or determined, as regards setting aside the certificate of taxation.
14. In the circumstances, I find the application dated 17.11.24 and am inclined to allow the same in terms of Prayer (a) as prayed.
T.A ODERA
JUDGE
12.5.25
Delivered Virtually Via Teams Platform at Kisii on this 12th May 2025 .
T. A ODERA
JUDGE
In the presence of:
Miss Ndemo - for the Applicant
Miss Ann Githinji -for the Respondent
Court Assistant- Oigo