1. The Notice of Motion dated 26th May 2026 seeks judgment against the Respondent in the sum of KES. 260,800, being the amount certified in the Certificate of Costs issued on 12th May 2026 following taxation of the Advocate–Client Bill of Costs dated 16th October 2025. The Applicant also prays for interest at the rate of 14% per annum from 20th April 2026, being the date of taxation, until payment in full, together with the costs of the application.
2. The application arises from an Advocate–Client Bill of Costs in respect of legal services rendered in Nyamira PMCC No. 142 of 2021, Michael Kwaba & Milka Gesare Kwaba (Suing as the Legal Representatives of the Estate of Peninah Kemunto Kwaba (Deceased)) v Kenya Orient Insurance Limited. The Bill was taxed by the Deputy Registrar on 20th April 2026 at KES. 260,800, and a Certificate of Costs for that amount was thereafter issued on 12th May 2026. The Applicant maintains that no reference has been filed against the taxation and that the certified costs remain outstanding.
3. When the Motion came up for hearing, Ms. Mokeira, learned counsel for the Respondent, indicated that the application would not be opposed. She nevertheless requested the Court to grant the Respondent thirty (30) days within which to settle the decretal sum before execution could issue.
4. The Certificate of Costs placed before the Court remains unchallenged. There is no material to suggest that the taxation undertaken on 20th April 2026 has been varied, set aside or questioned through a reference. In those circumstances, the Certificate constitutes a sufficient basis upon which judgment may be entered for the amount certified.
5. The Respondent's request for time to satisfy the decree was made candidly and before any execution process had commenced. A short stay of execution will afford the Respondent an opportunity to discharge the decretal amount voluntarily while safeguarding the Applicant's right to enforce the decree should payment not be made within the period sought.
6. Consequently, the Court makes the following orders—
1) Judgment is hereby entered for the Applicant against the Respondent in the sum of KES. 260,800.
2) The decretal sum shall attract interest at the rate of 14% per annum from 20th April 2026 until payment in full.
3) Execution of the decree is hereby stayed for a period of thirty (30) days from the date of this ruling.
4) The Applicant shall have the costs of the Notice of Motion dated 26th May 2026.
2. The application arises from an Advocate–Client Bill of Costs in respect of legal services rendered in Nyamira PMCC No. 142 of 2021, Michael Kwaba & Milka Gesare Kwaba (Suing as the Legal Representatives of the Estate of Peninah Kemunto Kwaba (Deceased)) v Kenya Orient Insurance Limited. The Bill was taxed by the Deputy Registrar on 20th April 2026 at KES. 260,800, and a Certificate of Costs for that amount was thereafter issued on 12th May 2026. The Applicant maintains that no reference has been filed against the taxation and that the certified costs remain outstanding.
3. When the Motion came up for hearing, Ms. Mokeira, learned counsel for the Respondent, indicated that the application would not be opposed. She nevertheless requested the Court to grant the Respondent thirty (30) days within which to settle the decretal sum before execution could issue.
4. The Certificate of Costs placed before the Court remains unchallenged. There is no material to suggest that the taxation undertaken on 20th April 2026 has been varied, set aside or questioned through a reference. In those circumstances, the Certificate constitutes a sufficient basis upon which judgment may be entered for the amount certified.
5. The Respondent's request for time to satisfy the decree was made candidly and before any execution process had commenced. A short stay of execution will afford the Respondent an opportunity to discharge the decretal amount voluntarily while safeguarding the Applicant's right to enforce the decree should payment not be made within the period sought.
6. Consequently, the Court makes the following orders—
1) Judgment is hereby entered for the Applicant against the Respondent in the sum of KES. 260,800.
2) The decretal sum shall attract interest at the rate of 14% per annum from 20th April 2026 until payment in full.
3) Execution of the decree is hereby stayed for a period of thirty (30) days from the date of this ruling.
4) The Applicant shall have the costs of the Notice of Motion dated 26th May 2026.