'1. What is before the court for determination is the application dated 27.3.24 wherein the applicant is seeking the following order:
1) THAT this Honourable Court be pleased to enter judgment against the Respondents for the sum of Kshs. 294,667.90/= being certified costs due.
2) THAT the taxed costs shall attract interest at the rate of 14% per annum from 9th February, 2023 until payment in full.
3) That the costs of this Application be provided for.
2. It is not denied that on 9.2.23 the applicant secured a ruling for the sum of Kshs.294,667.90 as costs. A certificate of costs was thereafter issued on 26.2.24.
3. A certificate of costs is non-consequential on its own. In order for it to gain economic value, it must be converted into a judgment.
4. 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.”
5. The court is satisfied that there is no reference that has been filed to challenge the said ruling as a result of which the ruling remains intact and unchallenged. The certificate of cost is binding in the circumstances.
6. This court, is satisfied that the applicant has made out a case for the grant of the order sort, and I so hold.
7. On the issue of interest, the court is satisfied that the applicant is entitled to interest at 14%.
Order:
The application is allowed.
Dated, signed and delivered at Nairobi this 16th day of October, 2025.
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1) THAT this Honourable Court be pleased to enter judgment against the Respondents for the sum of Kshs. 294,667.90/= being certified costs due.
2) THAT the taxed costs shall attract interest at the rate of 14% per annum from 9th February, 2023 until payment in full.
3) That the costs of this Application be provided for.
2. It is not denied that on 9.2.23 the applicant secured a ruling for the sum of Kshs.294,667.90 as costs. A certificate of costs was thereafter issued on 26.2.24.
3. A certificate of costs is non-consequential on its own. In order for it to gain economic value, it must be converted into a judgment.
4. 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.”
5. The court is satisfied that there is no reference that has been filed to challenge the said ruling as a result of which the ruling remains intact and unchallenged. The certificate of cost is binding in the circumstances.
6. This court, is satisfied that the applicant has made out a case for the grant of the order sort, and I so hold.
7. On the issue of interest, the court is satisfied that the applicant is entitled to interest at 14%.
Order:
The application is allowed.
Dated, signed and delivered at Nairobi this 16th day of October, 2025.
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