JUDGMENT
1. Before the Court is the Applicant's Notice of Motion dated 13 th July 2026, wherein the Applicant seeks the following orders:
a) The Court be pleased to enter judgment for the Applicant against the Respondent for a sum of Kshs. 70,000/- as stated in the consent dated 2 nd June 2026.
b) Costs of the application be provided in the cause.
2. The application was supported by the affidavit of Mwaniki Gitahi, an advocate of the High Court of Kenya, practising in the firm of Mwaniki Gitahi & Partners.
3. The Applicant deponed that on 3 rd October 2025 he filed an advocate/client bill of costs.
4. That on 2 nd June 2026, he together with counsel for his client entered into a consent order on the bill of costs to be taxed at kshs 70,000/-
5. He deposed that there is no pending appeal or reference against the said consent and as such the consent is not disputed.
6. He deposed that it is only fair that judgment for the certified sum be entered against the Respondent to enable execution against the Respondent.
7. The application, though served, was not opposed.
8. Section 48 of the Advocates Act provides for recovery of costs by Advocates.
9. Section 48 (3) provides that notwithstanding any other provision of the Act, a bill of costs between an advocate and client may be taxed notwithstanding that no suit for recovery of costs has been filed.
10. The applicant herein filed his bill of costs for recovery of his costs vide Mombasa High Court Miscellaneous Civil Application No. E311 of 2025.
11. A notice of taxation was issued to the Respondent by the Taxing Officer on 10 th November 2025.
12. The Respondent instructed counsel who on 2 nd June 2026 entered into and recorded a consent on the Applicant's professional fees for kshs 70,000/-
13. The court record reflects that the consent was adopted as an order of the Court by the Deputy Registrar on 2 nd June 2026.
14. The Applicant averred that despite having issued the Respondent several reminders and entreaties, it failed and/or neglected to make good the agreed taxed costs.
15. It is the Applicant's case that no pending appeal or reference is challenging the same and as such the consent order is not disputed.
16. There is equally no dispute that the Applicant was retained by the Respondent.
17. In the circumstances of the case, I am inclined to enter judgment for the Applicant on the sum of kshs 70, 000/- which was adopted as an order of the court.
18. Consequently, the Notice of Motion dated 13 th July 2026 succeeds, and I order as follows:
A. Judgment is hereby entered in favour of the Applicant against the Respondent for a sum of Kshs. 70,000/- being the sum adopted by the Court arising from consent of the parties.
Dated, signed and delivered via Microsoft Teams at Mombasa this 30 th day of July 2026
In the presence of:
Nechesah C/A
Mwaniki for the Applicant
N/A for the Respondent
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1. Before the Court is the Applicant's Notice of Motion dated 13 th July 2026, wherein the Applicant seeks the following orders:
a) The Court be pleased to enter judgment for the Applicant against the Respondent for a sum of Kshs. 70,000/- as stated in the consent dated 2 nd June 2026.
b) Costs of the application be provided in the cause.
2. The application was supported by the affidavit of Mwaniki Gitahi, an advocate of the High Court of Kenya, practising in the firm of Mwaniki Gitahi & Partners.
3. The Applicant deponed that on 3 rd October 2025 he filed an advocate/client bill of costs.
4. That on 2 nd June 2026, he together with counsel for his client entered into a consent order on the bill of costs to be taxed at kshs 70,000/-
5. He deposed that there is no pending appeal or reference against the said consent and as such the consent is not disputed.
6. He deposed that it is only fair that judgment for the certified sum be entered against the Respondent to enable execution against the Respondent.
7. The application, though served, was not opposed.
8. Section 48 of the Advocates Act provides for recovery of costs by Advocates.
9. Section 48 (3) provides that notwithstanding any other provision of the Act, a bill of costs between an advocate and client may be taxed notwithstanding that no suit for recovery of costs has been filed.
10. The applicant herein filed his bill of costs for recovery of his costs vide Mombasa High Court Miscellaneous Civil Application No. E311 of 2025.
11. A notice of taxation was issued to the Respondent by the Taxing Officer on 10 th November 2025.
12. The Respondent instructed counsel who on 2 nd June 2026 entered into and recorded a consent on the Applicant's professional fees for kshs 70,000/-
13. The court record reflects that the consent was adopted as an order of the Court by the Deputy Registrar on 2 nd June 2026.
14. The Applicant averred that despite having issued the Respondent several reminders and entreaties, it failed and/or neglected to make good the agreed taxed costs.
15. It is the Applicant's case that no pending appeal or reference is challenging the same and as such the consent order is not disputed.
16. There is equally no dispute that the Applicant was retained by the Respondent.
17. In the circumstances of the case, I am inclined to enter judgment for the Applicant on the sum of kshs 70, 000/- which was adopted as an order of the court.
18. Consequently, the Notice of Motion dated 13 th July 2026 succeeds, and I order as follows:
A. Judgment is hereby entered in favour of the Applicant against the Respondent for a sum of Kshs. 70,000/- being the sum adopted by the Court arising from consent of the parties.
Dated, signed and delivered via Microsoft Teams at Mombasa this 30 th day of July 2026
In the presence of:
Nechesah C/A
Mwaniki for the Applicant
N/A for the Respondent
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