1. This ruling results from the Advocate/Applicant’s Notice of Motion dated 5th November, 2024, brought Section 51(2) of the Advocates Act, Cap 16 Laws of Kenya and seeks the following orders:
a. THAT the Certificate of Costs issued herein in respect of the taxation order made on 6th May, 2024 for the sum of tKsh.173,031/- be adopted as judgement and decree of this honourable court together with interest thereon at 14% per annum from 6th May, 2024 until payment in full.
b. THAT the costs of this application be borne by the Respondent.
2. The grounds upon which the application is premised are in precis that the Respondent instructed the Appellant to act for it in Kisumu HCFP & A No. 428 of 2014 and that the Applicant professionally executed the Respondents instructions.
3. The Respondent subsequently failed to settle the Applicant’s legal fees which then resulted in the Applicant filing its bill of costs that was subsequently taxed by the Taxing Master at Ksh.173,031/- and a Certificate of Taxation of Costs issued to that effect on 6th May, 2024. The costs remain unsettled.
4. The application is supported by the affidavit of Nixon Abira, Advocate, of the Applicant law firm sworn on 12th August, 2024. The affidavit, to which is annexed the Certificate of Taxation of Costs, expounds on the above grounds.
5. Service of the application and the hearing notice thereof was effected upon the Respondent to the satisfaction of this court. The Respondent did not respond to the Motion and the application thus proceeded as unopposed.
6. Having perused the application, the affidavit in support thereof and the record in its entirety, I am satisfied that the Applicant has demonstrated that it was instructed by and represented the Respondent in the above matter and that the Applicant’s costs as determined by the Taxing Master remain unsettled.
7. Having said as much, the application has merit and I will proceed to allow it in the following terms:
a. THAT judgement is hereby entered in favour of the Applicant against the Respondent for the sum of Ksh.173,031/- as per the Certificate of Taxation of Costs issued herein dated 6th May, 2024.
b. THAT the above sum of Ksh.173,031/- shall attract interest at the rate of 14% per annum from 6th May, 2024 until payment in full.
c. THAT as the Notice of Motion dated 12th August, 2024 was not opposed, I make no orders as to costs in respect thereof.
Delivered (virtually), Dated and Signed this 6th day of March, 2025.
JOE M. OMIDO
JUDGE
FOR THE APPLICANT: Ms. Adwar for Mr. Abira.
FOR THE REPONDENT: No appearance.
COURT ASSISTANT: Mr. Ngoge & Mr. Juma.