1. This ruling results from the Advocate/Applicant’s Notice of Motion dated 30th September, 2024, brought Section 51(2) of the Advocates Act, Cap 16 Laws of Kenya and seeks the following orders:
a. THAT the court be pleased to order that the Certificate of Taxation issued to the Applicant against the Respondent be converted into a judgement and a decree of this court and consequently, judgement be entered in favour of the Applicant against the Respondent for the sum of Ksh.230,430/- being the certified costs due to the Applicant as against the Respondent.
b. THAT interest does accrue on the sum of Ksh.230,430/- at the rate of 14% per annum with effect from 14th April, 2024 until payment shall be made in full, as prescribed in paragraph 7 of the Advocates Remuneration Order.
c. THAT the costs of this application totalling to Ksh.50,000/- be awarded to the Advocate/Applicant and be borne by the Respondent.
d. THAT the Respondent do pay to the Applicant the costs of this application together with interest on the taxed sum.
2. The grounds upon which the application is premised are in precis that the Respondent instructed the Appellant to act for it in Nyando PMCC No. E037 of 2022 and that the Applicant professionally executed the Respondents instructions.
3. The Respondent subsequently failed to settle the Applicant’s legal fees which then resulted in the Applicant filing its bill of costs that was subsequently taxed by the Taxing Master at Ksh.230,430/- and a Certificate of Taxation of Costs issued to that effect on 30th July, 2024. The costs remain unsettled.
4. The application is supported by the affidavit of Eric Ntabo, Advocate, the proprietor of the Applicant law firm sworn on 30th September, 2024. The affidavit, to which is annexed the Certificate of Taxation of Costs, expounds on the above grounds.
5. Service of the application and the hearing notice thereof was effected upon the Respondent to the satisfaction of this court. The Respondent did not respond to the Motion and the application thus proceeded as unopposed.
6. Having perused the application, the affidavit in support thereof and the record in its entirety, I am satisfied that the Applicant has demonstrated that it was instructed by and represented the Respondent in the above matter and that the Applicant’s costs as determined by the Taxing Master remain unsettled.
7. Having said as much, the application has merit and I will proceed to allow it in the following terms:
a. THAT judgement is hereby entered in favour of the Applicant against the Respondent for the sum of Ksh.230,430/- as per the Certificate of Taxation of Costs issued herein dated 30th July, 2024.
b. THAT the above sum of Ksh.230,430/- shall attract interest at the rate of 14% per annum from 30th July, 2024 until payment in full.
c. THAT as the Notice of Motion dated 30th September, 2024 was not opposed, I make no orders as to costs in respect thereof.
Delivered (virtually), Dated and Signed this 19th day of February, 2025.
JOE M. OMIDO
JUDGE
FOR THE APPLICANT: Mr. Otieno for Mr. Ntabo.
FOR THE REPONDENT: No appearance.
COURT ASSISTANT: Mr. Ngoge & Mr. Juma.