JUDGMENT
1.The 3rd defendant/ applicant’s Notice of Motion dated 20.8.2024, expressed to be brought under Section 51(2) of the Advocates Act seeks for: -
(1) the adoption of the certificate of costs dated 14.8.2024 in the sum of Kshs. 113,495,264.11/- as a judgment and decree of this court;
(2) interest at 14% per annum on the decretal amount from the ruling date until payment in full; and
(3) costs of the application and the taxation process.
2.The application is supported by the affidavit sworn by William Ochanda Onguru, Advocate on 20.8.2024. The grounds are as follows: -
(a) the plaintiff filed a plaint in which the total sum of Kshs 12,025,289,826/- was claimed against the defendants jointly and severally as general damages, interest thereon and costs.
(b) the suit was struck out with costs to the defendant in the Ruling on record delivered on 13th August 2021.
(c) the 3rd defendant filed a bill of costs thereto on 6th July 2023.
(d) the bill was contested consequently subject to a taxation to which the court on 31st July 2024 allowed the sum of Kshs 113,495,264.11 and a certificate of costs was thereby issued.
(e) the certificate of cost has neither been set aside nor otherwise altered by the court by way of review or reference on taxation.
(f) the plaintiff has neither settled the sum of Kshs 113,495,264.11 as taxed, nor paid interest thereon which has accrued on the same.
(g) the applicant is entitled to the total amount of the costs and disbursements in the certificate of costs issued by the court.
3.The applicant relied on the following cases: -
(1) Nganga t/a Nganga & Co Advocates v Mburu & Another (Misc. Appl. No. 031 of 2023) [2025] KEHC 151 (KLR)
(2) Mucheru Law LLP Advocates v Cementers Ltd [2024] KEHC 14709 (KLR)
(3) Professor Tom Ojienda & Associates v County Government of Nairobi [2025] KEHC 6123 (KLR)
Analysis and Determination
4.The issue for determination is whether judgment should be entered for the applicant against the respondent in terms of the certificate of costs dated 14.8.2024.
5.Where costs have been ‘taxed by the court, the amount of costs may be stated in the decree or order’. Order 21 rule 9(1)(d) of the Civil Procedure Rules.
6.‘In all other cases, and where the costs have not in fact been stated in the decree or order in accordance with subrule (1), after the amount of the costs has been taxed or otherwise ascertained, it shall be stated in a separate certificate to be signed by the taxing officer, or, in a subordinate court, by the magistrate.’ Order 21 rule 9(2) of the Civil Procedure Rules.
7.The court is guided by the Advocates Act and Advocates (Remuneration) Order on matters of costs.
8.This suit was dismissed with costs to the defendants. The costs expressed in the certificate of costs are party and party costs. Unless the certificate of the taxing officer has been set aside or altered, ‘the court may make such order in relation thereto as it thinks fit’ which is not limited to entry of judgment upon the certificate of costs.
9.The foregoing notwithstanding, the applicant has applied for judgment on certificate of costs under Section 51(2) of the Advocates Act.
10.The bill of costs dated 6.7.2023 is on record. The applicant exhibited copies of the taxation ruling dated 31.7.2024 and the certificate of taxation dated 14.8.2024.
11.The applicant filed an affidavit of service of the application sworn on 2.5.2025. Despite service, there was no response or reference filed by the plaintiff.
12.The certificate of the taxing officer has not been set aside or altered by the court, therefore, final as to the amount of the costs. The court is inclined to enter judgment for the sum certified to be due as costs. Lubulellah & Associates Advocates v N K Brothers Limited [2014] eKLR
13.Accordingly, I find that the prayer seeking entry of judgment in terms of the certificate of taxation is merited.
Of interest
14.’The court or judge may give interest on costs at any rate not exceeding fourteen per cent per annum, and such interest shall be added to the costs and shall be recoverable as such. Section 27(2) of the Civil Procedure Act (CPA)-
15.The applicant filed an affidavit of service evidencing that the bill of costs dated 6.7.2023 was served upon the respondent on 27.2.2024. The costs have not been paid. Therefore, the applicant is entitled to interest from the ruling date as sought.
Disposal
16.In conclusion, the 3rd defendant’s application dated 20.8.2024 is allowed, in the following terms: -
(1) Judgment is entered in favour of the 3rd defendant/ applicant against the respondent for KES. 113,495,264.11/- in terms of the Certificate of Taxation dated 14.8.2024, together with interest at 14% per annum from the ruling date of 31.7.2024 until payment in full.
(2) Costs of the taxation proceedings and the application are awarded to the 3rd defendant/ applicant.
Dated, signed and delivered at Nairobi through Microsoft Teams online application this 12th day February, 2026
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F. Gikonyo M
Judge
In the presence of: -
Ochanda for 3rd Defendant
Ongoro for 2nd Defendant
Oyugi for Plaintiff
CA Kinyua
1.The 3rd defendant/ applicant’s Notice of Motion dated 20.8.2024, expressed to be brought under Section 51(2) of the Advocates Act seeks for: -
(1) the adoption of the certificate of costs dated 14.8.2024 in the sum of Kshs. 113,495,264.11/- as a judgment and decree of this court;
(2) interest at 14% per annum on the decretal amount from the ruling date until payment in full; and
(3) costs of the application and the taxation process.
2.The application is supported by the affidavit sworn by William Ochanda Onguru, Advocate on 20.8.2024. The grounds are as follows: -
(a) the plaintiff filed a plaint in which the total sum of Kshs 12,025,289,826/- was claimed against the defendants jointly and severally as general damages, interest thereon and costs.
(b) the suit was struck out with costs to the defendant in the Ruling on record delivered on 13th August 2021.
(c) the 3rd defendant filed a bill of costs thereto on 6th July 2023.
(d) the bill was contested consequently subject to a taxation to which the court on 31st July 2024 allowed the sum of Kshs 113,495,264.11 and a certificate of costs was thereby issued.
(e) the certificate of cost has neither been set aside nor otherwise altered by the court by way of review or reference on taxation.
(f) the plaintiff has neither settled the sum of Kshs 113,495,264.11 as taxed, nor paid interest thereon which has accrued on the same.
(g) the applicant is entitled to the total amount of the costs and disbursements in the certificate of costs issued by the court.
3.The applicant relied on the following cases: -
(1) Nganga t/a Nganga & Co Advocates v Mburu & Another (Misc. Appl. No. 031 of 2023) [2025] KEHC 151 (KLR)
(2) Mucheru Law LLP Advocates v Cementers Ltd [2024] KEHC 14709 (KLR)
(3) Professor Tom Ojienda & Associates v County Government of Nairobi [2025] KEHC 6123 (KLR)
Analysis and Determination
4.The issue for determination is whether judgment should be entered for the applicant against the respondent in terms of the certificate of costs dated 14.8.2024.
5.Where costs have been ‘taxed by the court, the amount of costs may be stated in the decree or order’. Order 21 rule 9(1)(d) of the Civil Procedure Rules.
6.‘In all other cases, and where the costs have not in fact been stated in the decree or order in accordance with subrule (1), after the amount of the costs has been taxed or otherwise ascertained, it shall be stated in a separate certificate to be signed by the taxing officer, or, in a subordinate court, by the magistrate.’ Order 21 rule 9(2) of the Civil Procedure Rules.
7.The court is guided by the Advocates Act and Advocates (Remuneration) Order on matters of costs.
8.This suit was dismissed with costs to the defendants. The costs expressed in the certificate of costs are party and party costs. Unless the certificate of the taxing officer has been set aside or altered, ‘the court may make such order in relation thereto as it thinks fit’ which is not limited to entry of judgment upon the certificate of costs.
9.The foregoing notwithstanding, the applicant has applied for judgment on certificate of costs under Section 51(2) of the Advocates Act.
10.The bill of costs dated 6.7.2023 is on record. The applicant exhibited copies of the taxation ruling dated 31.7.2024 and the certificate of taxation dated 14.8.2024.
11.The applicant filed an affidavit of service of the application sworn on 2.5.2025. Despite service, there was no response or reference filed by the plaintiff.
12.The certificate of the taxing officer has not been set aside or altered by the court, therefore, final as to the amount of the costs. The court is inclined to enter judgment for the sum certified to be due as costs. Lubulellah & Associates Advocates v N K Brothers Limited [2014] eKLR
13.Accordingly, I find that the prayer seeking entry of judgment in terms of the certificate of taxation is merited.
Of interest
14.’The court or judge may give interest on costs at any rate not exceeding fourteen per cent per annum, and such interest shall be added to the costs and shall be recoverable as such. Section 27(2) of the Civil Procedure Act (CPA)-
15.The applicant filed an affidavit of service evidencing that the bill of costs dated 6.7.2023 was served upon the respondent on 27.2.2024. The costs have not been paid. Therefore, the applicant is entitled to interest from the ruling date as sought.
Disposal
16.In conclusion, the 3rd defendant’s application dated 20.8.2024 is allowed, in the following terms: -
(1) Judgment is entered in favour of the 3rd defendant/ applicant against the respondent for KES. 113,495,264.11/- in terms of the Certificate of Taxation dated 14.8.2024, together with interest at 14% per annum from the ruling date of 31.7.2024 until payment in full.
(2) Costs of the taxation proceedings and the application are awarded to the 3rd defendant/ applicant.
Dated, signed and delivered at Nairobi through Microsoft Teams online application this 12th day February, 2026
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F. Gikonyo M
Judge
In the presence of: -
Ochanda for 3rd Defendant
Ongoro for 2nd Defendant
Oyugi for Plaintiff
CA Kinyua