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JudgmentDUKE O. OMWENGA VS KENYA ORIENT INSURANCE CO. LTD2 min read

DUKE O. OMWENGA VS KENYA ORIENT INSURANCE CO. LTD

High Court at Nyamira High Court · · T. Cherere

1. By the Notice of Motion dated 26th May 2026, the Applicant seeks judgment for Kshs. 304,813/=, being the amount certified in the Certificate of Costs issued on 27th April 2026, together with interest at the rate of 14% per annum from 20th April 2026 until payment in full, as well as the costs of the application.

2. The application is premised on the grounds that the Advocate–Client Bill of Costs was taxed on 20th April 2026 at Kshs. 304,813, a Certificate of Costs was thereafter issued, no reference has been lodged against the taxation, and the certified costs remain unpaid.

3. When the application came up for hearing, learned counsel for the Respondent, Ms. Mokeira informed the Court that the application would not be opposed. Counsel nevertheless urged the Court, in the event that judgment was entered, to defer execution for a period of thirty (30) days to enable the Respondent to settle the decretal sum without the necessity of execution proceedings.

4. The Court has considered the application together with the material placed before it. The Certificate of Costs has neither been set aside nor altered, and no reference has been filed challenging the taxation. In those circumstances, section 51(2) of the Advocates Act entitles the Court to enter judgment for the amount certified.

5. As regards the request for time to satisfy the decree, the same was made candidly by counsel for the Respondent and was not resisted by the Applicant. The Court is satisfied that granting a limited stay of execution will facilitate voluntary compliance while preserving the Applicant's right to realize the fruits of the judgment should payment not be forthcoming.

6. Accordingly, the Court makes the following orders:
1) Judgment is hereby entered in favour of the Applicant against the Respondent in the sum of Kshs. 304,813/=.
2) The said sum shall attract interest at 14% per annum from 20th April 2026 until payment in full.
3) Execution of the decree is stayed for a period of thirty (30) days from the date of this ruling.
4) The Applicant shall have the costs of this application.
    DUKE O. OMWENGA VS KENYA ORIENT INSURANCE CO. LTD DUKE O. OMWENGA VS KENYA ORIENT INSURANCE CO. LTD