Background
1. Before this court is an application by way of Notice of Motion dated 26 th August 2025, brought under Section 3 and 3A of the Civil Procedure Act and Section 51(2) of the Advocates Act together with all enabling provisions of law in which the Applicant is seeking the following orders;
a) THAT judgement be entered in favour of the Advocates, Maangi & Associates against the Client/Respondent, Trident Insurance Company Limited in the sum of Kshs. 73,554/= together with interest thereon at court rates from 12 th November 2024 in terms of the Certificate of Taxation issued herein.
b) THAT a decree does issue for the said of Kshs. 73,554/= upon entry of judgment.
c) That costs of this application be awarded to the Applicant.
2. The Application is supported by an affidavit sworn by Josephine K. Maangi , who deponed that the Applicant’s Bill of Costs was taxed by the taxing officer at Kshs. 73,554/= and subsequently a Certificate of Taxation was issued by the taxing officer dated 12 th November 2024. That despite numerous demands and passage of time, the Respondent has failed to settle the taxed costs.
Issues for Determination
3. The Respondent has not sought to have the certificate set aside neither have responses to this application been filed despite evidence of proper service having been effected. The Application is therefore deemed to be unopposed.
4. The sole issue for determination therefore is whether the Applicant has satisfied the requirements for entry of Judgment under Section 51(2) of the Advocates Act, Cap 16, Laws of Kenya.
5. Section 51(2) of the Advocates Act provides that:
“The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.”
6. This provision makes it clear that once a bill has been taxed and a certificate of taxation issued, the certificate is final as to the amounts unless it has been set aside or varied by the court, and the court is empowered to enter judgement for the certified amount.
7. In the case of Ahmednasir Abdikadir & Company Advocates v National Bank of Kenya Ltd (2006) eKLR the courts observed that a certificate of taxation remains conclusive as to the amount due unless it has been set aside or altered through the prescribed procedure.
8. The record before this court shows that: The Applicant’s Advocate-Client Bill of Costs was duly taxed; a certificate of taxation was issued for Kshs. 73,554/=; there is no evidence that the Certificate of Taxation has been set aside or varied; the Respondent has neither challenged the taxation by way of a reference nor disputed the existence of the advocate-client relationship; and that despite service, the Respondent has elected not to oppose the present application.
9. In the absence of any challenge to the Certificate of Taxation, the Court finds no legal impediment to entering judgment in favour of the Applicant herein pursuant to Section 51(2) of the Advocates Act, Cap 16, Laws of Kenya.
Disposition
10. Consequently, judgement is hereby entered in favour of the Applicant against the Respondent in the sum of Kshs. 73,554/= together with interest thereon at court rates from 12 th November 2024 in terms of the Certificate of Taxation issued herein.
11. The Applicant shall have the costs of this application.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 16 TH DAY OF SEPTEMBER 2026
ANNE.M. OKUTOYI
JUDGE
In the presence of:
Ms. Omwoha for the Applicant.
N/A for the Respondent.
Court Assistant: Ms. Mokeira.
1. Before this court is an application by way of Notice of Motion dated 26 th August 2025, brought under Section 3 and 3A of the Civil Procedure Act and Section 51(2) of the Advocates Act together with all enabling provisions of law in which the Applicant is seeking the following orders;
a) THAT judgement be entered in favour of the Advocates, Maangi & Associates against the Client/Respondent, Trident Insurance Company Limited in the sum of Kshs. 73,554/= together with interest thereon at court rates from 12 th November 2024 in terms of the Certificate of Taxation issued herein.
b) THAT a decree does issue for the said of Kshs. 73,554/= upon entry of judgment.
c) That costs of this application be awarded to the Applicant.
2. The Application is supported by an affidavit sworn by Josephine K. Maangi , who deponed that the Applicant’s Bill of Costs was taxed by the taxing officer at Kshs. 73,554/= and subsequently a Certificate of Taxation was issued by the taxing officer dated 12 th November 2024. That despite numerous demands and passage of time, the Respondent has failed to settle the taxed costs.
Issues for Determination
3. The Respondent has not sought to have the certificate set aside neither have responses to this application been filed despite evidence of proper service having been effected. The Application is therefore deemed to be unopposed.
4. The sole issue for determination therefore is whether the Applicant has satisfied the requirements for entry of Judgment under Section 51(2) of the Advocates Act, Cap 16, Laws of Kenya.
5. Section 51(2) of the Advocates Act provides that:
“The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.”
6. This provision makes it clear that once a bill has been taxed and a certificate of taxation issued, the certificate is final as to the amounts unless it has been set aside or varied by the court, and the court is empowered to enter judgement for the certified amount.
7. In the case of Ahmednasir Abdikadir & Company Advocates v National Bank of Kenya Ltd (2006) eKLR the courts observed that a certificate of taxation remains conclusive as to the amount due unless it has been set aside or altered through the prescribed procedure.
8. The record before this court shows that: The Applicant’s Advocate-Client Bill of Costs was duly taxed; a certificate of taxation was issued for Kshs. 73,554/=; there is no evidence that the Certificate of Taxation has been set aside or varied; the Respondent has neither challenged the taxation by way of a reference nor disputed the existence of the advocate-client relationship; and that despite service, the Respondent has elected not to oppose the present application.
9. In the absence of any challenge to the Certificate of Taxation, the Court finds no legal impediment to entering judgment in favour of the Applicant herein pursuant to Section 51(2) of the Advocates Act, Cap 16, Laws of Kenya.
Disposition
10. Consequently, judgement is hereby entered in favour of the Applicant against the Respondent in the sum of Kshs. 73,554/= together with interest thereon at court rates from 12 th November 2024 in terms of the Certificate of Taxation issued herein.
11. The Applicant shall have the costs of this application.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 16 TH DAY OF SEPTEMBER 2026
ANNE.M. OKUTOYI
JUDGE
In the presence of:
Ms. Omwoha for the Applicant.
N/A for the Respondent.
Court Assistant: Ms. Mokeira.