Background and introduction
1. This Ruling is in respect to the Notice of Motion application dated 29th May 2026. The application seeks that this court enters judgement for the Applicant against the Respondent for the sum of 2,492,343/= as appears on the Certificate of Taxation dated 26th May 2026 together with interest at the rate of 14% from 31st December 2020 until payment in full and for costs. The application is supported by the affidavit of MUTHOKA WAMBUA sworn on even date.
Analysis and determination
2. The court in Republic v City Council of Nairobi Ivyland Park Ltd (interested party) Exparte Inderpal Singh & 2 others (2021) eKLR held that a Court may not enter judgment on a Certificate of Costs where the certificate has been set aside, varied and/or altered or the retainer is disputed. The Certificate of Taxation dated 26th May 2026 has been produced in evidence by the Applicant. I note that despite service the Respondent has not filed any response to the application and as such, the same is unopposed. There is no evidence presented to show that the Certificate of Taxation has been set aside.
3. That being the case, nothing more is left for this Court to do but to enter judgment as I hereby do, for the Applicant against the Respondent in the sum of 2,492,343/= as appears on the Certificate of Taxation dated 26th May 2026. An award of interest in the circumstances can only made if the Bill of Costs had provided for such interest. Firthermore, the Court is enjoined to exercise its discretion under section 26 of the Civil Procedure Act, which empowers it to award interest at such rate and from such date as it considers just. The rationale for such discretion is to ensure fairness and to compensate a party who has been deprived of the use of its money. In the absence of any objection I deem it fair to allow the prayer for interest.
Disposition
4. Accordingly, the application dated 29th May 2026 succeeds and is allowed in the following terms: -
i. Judgement be and is hereby entered in the sum of Kshs. 2,492,343/= in favour of the Advocate/Applicant against the Client/Respondent as per the Certificate of Taxation dated 26th May 2026 together with interest at 14% on the decretal sum from 31st December 2020 until payment in full.
ii. Each party shall bear their own costs of the application.
DATED, SIGNED AND DELIVERED AT NAIROBI
THIS 21st SEPTEMBER 2026.
F. MUGAMBI
JUDGE
In the presence of:
Mr Muthoka for the Advocate/Applicant
1. This Ruling is in respect to the Notice of Motion application dated 29th May 2026. The application seeks that this court enters judgement for the Applicant against the Respondent for the sum of 2,492,343/= as appears on the Certificate of Taxation dated 26th May 2026 together with interest at the rate of 14% from 31st December 2020 until payment in full and for costs. The application is supported by the affidavit of MUTHOKA WAMBUA sworn on even date.
Analysis and determination
2. The court in Republic v City Council of Nairobi Ivyland Park Ltd (interested party) Exparte Inderpal Singh & 2 others (2021) eKLR held that a Court may not enter judgment on a Certificate of Costs where the certificate has been set aside, varied and/or altered or the retainer is disputed. The Certificate of Taxation dated 26th May 2026 has been produced in evidence by the Applicant. I note that despite service the Respondent has not filed any response to the application and as such, the same is unopposed. There is no evidence presented to show that the Certificate of Taxation has been set aside.
3. That being the case, nothing more is left for this Court to do but to enter judgment as I hereby do, for the Applicant against the Respondent in the sum of 2,492,343/= as appears on the Certificate of Taxation dated 26th May 2026. An award of interest in the circumstances can only made if the Bill of Costs had provided for such interest. Firthermore, the Court is enjoined to exercise its discretion under section 26 of the Civil Procedure Act, which empowers it to award interest at such rate and from such date as it considers just. The rationale for such discretion is to ensure fairness and to compensate a party who has been deprived of the use of its money. In the absence of any objection I deem it fair to allow the prayer for interest.
Disposition
4. Accordingly, the application dated 29th May 2026 succeeds and is allowed in the following terms: -
i. Judgement be and is hereby entered in the sum of Kshs. 2,492,343/= in favour of the Advocate/Applicant against the Client/Respondent as per the Certificate of Taxation dated 26th May 2026 together with interest at 14% on the decretal sum from 31st December 2020 until payment in full.
ii. Each party shall bear their own costs of the application.
DATED, SIGNED AND DELIVERED AT NAIROBI
THIS 21st SEPTEMBER 2026.
F. MUGAMBI
JUDGE
In the presence of:
Mr Muthoka for the Advocate/Applicant