There are two applications before the court for resolution following taxation of the Advocate/Client Bill of Costs in this matter. In the application dated 12.01.2022 the Advocates seeks judgment on the Certificate of Taxation under section 51(2) of the Advocates Act while the Clients, in their application dated 22.02.2022, seek an amalgam of orders including setting aside the taxation proceedings on grounds of non-attendance. I have heard the parties in the matter and I am convinced that it is in the interests of justice to allow the Client’s application to the extent that it should be given an opportunity to contest the Bill of Costs and the same heard afresh.
I therefore order as follows:
1. The Respondent/Client's application dated 22.02.0222 is allowed on terms that the Respondent/Client shall deposit the sum of Kshs. 2,230,000.00 in a joint interest earning account in the name of the advocates for the parties within 30 days from today.
2. The Respondent/Client shall pay the Applicant/Advocates costs assessed at Kshs. 50,000.00 within 14 days from the date hereof.
3. In default of the aforesaid orders, the Advocates application dated 12.01.2022 shall be allowed and judgment entered accordingly.
4. Upon compliance with the aforesaid orders the Advocate/Client Bill of Costs shall taxed afresh before any any other Deputy Registrar other than Hon. Githongori.
5. The matter shall be mentioned on 06.02.2023 before the DR for directions.
DATED and DELIVERED at NAIROBI this 9th day of DECEMBER 2022
D. S. MAJANJA
JUDGE