Background
1. Before this court is an application by way of Notice of Motion dated 17 th December 2025, brought under Section 51(2) of the Advocates Act, paragraph 7 of the Advocates Remuneration Order, Order 51 Rule 1 of the Civil Procedure Rules, 2010 and all other enabling provisions of law in which the Applicant is seeking the following orders;
a) THAT judgement be entered in favour of the Advocates/Applicants taxed Advocate-Client costs of Kshs. 118,246/= contained in the Certificate of Taxation issued herein dated 24 th October 2025 with interest thereon at the rate of 14% per annum with effect from 24 th September 2025 until payment in full; and
b) Costs of the Application.
2. The Application is supported by an affidavit sworn by ONYANGO SYLVESTER OMONDI who deponed that the Applicant’s Bill of Costs was taxed by the taxing officer at Kshs. 118,246/= and subsequently a Certificate of Taxation dated 24 th October 2025 was issued. That no payment has been tendered and the Respondent remained indebted.
3. At the hearing of the Application, the Respondent stated they had no problem with the taxed amount but opposed the interest. The Courts directed that parties file written submissions. None was received from the Applicant.
4. The Respondent in their written submissions dated 7 th August 2026 opposed the interest prayed at the rate of 14% on the basis that it was neither awarded by the Taxing Officer nor was it incorporated in the Certificate of Costs.
5. The Respondent submitted that the Applicant’s remedy lay in a reference under Rule 11 of the Advocates Remuneration order and not at the adoption stage. The Respondent thereby submits that the prayer for 14% interest ought to be declined.
Issues for Determination
6. The contested issue for determination is whether the Applicant is entitled to an interest at the rate of 14% as prayed.
7. The Applicant prays that the taxed costs should attract interest at the rate of 14% per annum pursuant to Paragraph 7 of the Advocates Remuneration Order.
8. Paragraph 7 permits an advocate to charge interest at 14% per annum on disbursements and costs from the expiration of one month after delivery of the bill to the client, provided the claim for interest is raised before payment or tender in full.
9. In the case of Otieno, Ragot & Company Advocates v Kenindia Assurance Co. Ltd [2023] KECA 1398 (KLR) the Court of Appeal held that an advocate cannot claim interest for the first time during the enforcement or adoption stage of a bill of costs. To properly claim the 14% annual interest under Rule 7, the advocate must explicitly raise the claim and put the client on notice at the earliest instance specifically when drawing up and serving the fee note or Bill of Costs.
10. In the present matter, no claim for interest at 14% per annum was included in the Bill of Costs. Equally, the Taxing Officer did not award interest in the ruling or certificate of taxation. Any subsequent claim for interest at 14% per annum is unsustainable.
Disposition
11. Consequently, the claim for interest at 14% per annum is hereby declined. As such, the Court hereby orders:
a) THAT judgement is hereby entered in favour of the Advocates/Applicant’s taxed Advocate-Client costs of Kshs. 118,246/= as contained in the Certificate of Taxation issued herein dated 24 th October 2025.
b) Interest shall apply at court rates from the date of delivery of this ruling until payment in full.
c) Each Party shall bear its own costs.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 17 th DAY SEPTEMBER 2026
ANNE.M. OKUTOYI
JUDGE
In the presence of:
Mr. Omondi for the Applicant
Mr. Kitwai for the Respondents
Court Assistant: Ms. Mokeira
1. Before this court is an application by way of Notice of Motion dated 17 th December 2025, brought under Section 51(2) of the Advocates Act, paragraph 7 of the Advocates Remuneration Order, Order 51 Rule 1 of the Civil Procedure Rules, 2010 and all other enabling provisions of law in which the Applicant is seeking the following orders;
a) THAT judgement be entered in favour of the Advocates/Applicants taxed Advocate-Client costs of Kshs. 118,246/= contained in the Certificate of Taxation issued herein dated 24 th October 2025 with interest thereon at the rate of 14% per annum with effect from 24 th September 2025 until payment in full; and
b) Costs of the Application.
2. The Application is supported by an affidavit sworn by ONYANGO SYLVESTER OMONDI who deponed that the Applicant’s Bill of Costs was taxed by the taxing officer at Kshs. 118,246/= and subsequently a Certificate of Taxation dated 24 th October 2025 was issued. That no payment has been tendered and the Respondent remained indebted.
3. At the hearing of the Application, the Respondent stated they had no problem with the taxed amount but opposed the interest. The Courts directed that parties file written submissions. None was received from the Applicant.
4. The Respondent in their written submissions dated 7 th August 2026 opposed the interest prayed at the rate of 14% on the basis that it was neither awarded by the Taxing Officer nor was it incorporated in the Certificate of Costs.
5. The Respondent submitted that the Applicant’s remedy lay in a reference under Rule 11 of the Advocates Remuneration order and not at the adoption stage. The Respondent thereby submits that the prayer for 14% interest ought to be declined.
Issues for Determination
6. The contested issue for determination is whether the Applicant is entitled to an interest at the rate of 14% as prayed.
7. The Applicant prays that the taxed costs should attract interest at the rate of 14% per annum pursuant to Paragraph 7 of the Advocates Remuneration Order.
8. Paragraph 7 permits an advocate to charge interest at 14% per annum on disbursements and costs from the expiration of one month after delivery of the bill to the client, provided the claim for interest is raised before payment or tender in full.
9. In the case of Otieno, Ragot & Company Advocates v Kenindia Assurance Co. Ltd [2023] KECA 1398 (KLR) the Court of Appeal held that an advocate cannot claim interest for the first time during the enforcement or adoption stage of a bill of costs. To properly claim the 14% annual interest under Rule 7, the advocate must explicitly raise the claim and put the client on notice at the earliest instance specifically when drawing up and serving the fee note or Bill of Costs.
10. In the present matter, no claim for interest at 14% per annum was included in the Bill of Costs. Equally, the Taxing Officer did not award interest in the ruling or certificate of taxation. Any subsequent claim for interest at 14% per annum is unsustainable.
Disposition
11. Consequently, the claim for interest at 14% per annum is hereby declined. As such, the Court hereby orders:
a) THAT judgement is hereby entered in favour of the Advocates/Applicant’s taxed Advocate-Client costs of Kshs. 118,246/= as contained in the Certificate of Taxation issued herein dated 24 th October 2025.
b) Interest shall apply at court rates from the date of delivery of this ruling until payment in full.
c) Each Party shall bear its own costs.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 17 th DAY SEPTEMBER 2026
ANNE.M. OKUTOYI
JUDGE
In the presence of:
Mr. Omondi for the Applicant
Mr. Kitwai for the Respondents
Court Assistant: Ms. Mokeira