' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC. CIVIL APPLICATION NO. E288, 304 AND 305 OF 2025
NDUATI & COMPANY ADVOCATES………...……ADVOCATE/APPLICANT
VERSUS
OCCIDENTAL INSURANCE CO. LTD…………….…CLIENT/RESPONDENT
RULING
This Ruling relates to three Applications in three files Misc. Civil Application No. E288 of 2025, E304 of 2025 and E305 of 2025. All the Applications in the three files are dated 8 th May 2025. The applications are drawn by Nduati & Company Advocates (the Applicant) against Occidental Insurance Co. Ltd (the Respondent). The Applications are anchored under Order 51, Rule 1 of the Civil Procedure Rules, Section 51 (2) of the Advocates Act, Order 7 of the Advocates (Remuneration) and seek the following orders:
Judgment in its favour in the sum of Kshs 153,586 in file No. E288/2025; Kshs 146,612 in file No. E304/2025 and Kshs 202,188.30 in file No. E305/2025, being the taxed amount as shown in the Certificate of Taxation dated 30 th April 2025.
Decree be issued in the above sums plus interest at the rate of 14% per annum in each file from 18 th February 2025 in E288/25; from 7 th March 2025 in both file No. E304/2025 and No. E305/2025 until payment in full.
Costs of the application in each file.
The Application is supported by grounds found on the face of it and in the Supporting Affidavit sworn by Stanley Nduati on 8 th May 2025 that the Applicants Bill of Costs dated 18 th February 2025 was taxed at Kshs 153,586 through a ruling dated 7 th April 2025 and a Certificate of Taxation issued to that effect; that the Respondent was served with the Certificate of Taxation but the Respondent has failed to pay the taxed amount and that the Certificate of Taxation has not been overturned or set aside.
The Respondent has filed a Replying Affidavits sworn by Michael Shisia, the Legal Manager of the Respondent, on 16 th June 2025 in each of the three files. The Respondent is opposing prayer two (2) of the Application in each file which prayer seeks interest in the taxed amount at 14% as shown in prayer two (2) of the Application. The reasons behind the opposition is that the interest sought was never sought in the Bill of Costs and no such interest was awarded by the Taxing Officer.
The Respondent has argued that the award of costs is at the discretion of the court but the Applicant has failed to prove that he is entitled to interest. The Respondent seeks dismissal of prayer 2 of the Application.
I have considered this matter. It is evident from the Replying Affidavit that the Respondent is only opposed to the awarding of interest in each of the three files. I have considered the Respondent’s argument that the 14% interest sought by the Applicant was not sought for in the Bills of Cost in each of the three files and that it was not awarded by the Taxing Officer. The Bills of Cost in the three files clearly shows that the Applicant sought payment of 14% interest as shown items listed in each Bill of Costs. The Taxing Officer did not address the issue of interest in her rulings, which I find amounts to an error on her part, especially when the same is sought in the Bill of Costs.
Under Section 22 (2) of the Civil Procedure Act, this court has discretion to give interest on costs at any rate not exceeding 14% per annum. I am persuaded that this court is at liberty to grant interest on the taxed costs at 14% per annum as prayed in each application in the three matters under determination.
I have also read section 51 (2) of the Advocates Act. It 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.
Noting that the Respondent is not opposed to the three applications, save for the issue of an order for payment of interest, which issue I have resolved in favour of the Applicant, it is my finding that there is no reason to decline these applications. Consequently, all the three Notices of Motion dated 8 th May 2025 are hereby allowed as prayed as follows:
Judgment is hereby entered in sum of Kshs 153,586 in file No. E288/2025; Kshs 146,612 in file No. E304/2025 and Kshs 202,188.30 in file No. E305/2025 being the amounts in the Certificates of Taxation in respect of each file plus interest at 14% in each case as prayed.
Costs of the application in each file is also awarded to the Applicant.
Orders shall issue accordingly.
Dated, signed and delivered this 2 nd September 2025.
S. N. MUTUKU
JUDGE
In the presence of:
Mr. Njoroge for the Applicant
Mr. Koimburi for the Respondent
'
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC. CIVIL APPLICATION NO. E288, 304 AND 305 OF 2025
NDUATI & COMPANY ADVOCATES………...……ADVOCATE/APPLICANT
VERSUS
OCCIDENTAL INSURANCE CO. LTD…………….…CLIENT/RESPONDENT
RULING
This Ruling relates to three Applications in three files Misc. Civil Application No. E288 of 2025, E304 of 2025 and E305 of 2025. All the Applications in the three files are dated 8 th May 2025. The applications are drawn by Nduati & Company Advocates (the Applicant) against Occidental Insurance Co. Ltd (the Respondent). The Applications are anchored under Order 51, Rule 1 of the Civil Procedure Rules, Section 51 (2) of the Advocates Act, Order 7 of the Advocates (Remuneration) and seek the following orders:
Judgment in its favour in the sum of Kshs 153,586 in file No. E288/2025; Kshs 146,612 in file No. E304/2025 and Kshs 202,188.30 in file No. E305/2025, being the taxed amount as shown in the Certificate of Taxation dated 30 th April 2025.
Decree be issued in the above sums plus interest at the rate of 14% per annum in each file from 18 th February 2025 in E288/25; from 7 th March 2025 in both file No. E304/2025 and No. E305/2025 until payment in full.
Costs of the application in each file.
The Application is supported by grounds found on the face of it and in the Supporting Affidavit sworn by Stanley Nduati on 8 th May 2025 that the Applicants Bill of Costs dated 18 th February 2025 was taxed at Kshs 153,586 through a ruling dated 7 th April 2025 and a Certificate of Taxation issued to that effect; that the Respondent was served with the Certificate of Taxation but the Respondent has failed to pay the taxed amount and that the Certificate of Taxation has not been overturned or set aside.
The Respondent has filed a Replying Affidavits sworn by Michael Shisia, the Legal Manager of the Respondent, on 16 th June 2025 in each of the three files. The Respondent is opposing prayer two (2) of the Application in each file which prayer seeks interest in the taxed amount at 14% as shown in prayer two (2) of the Application. The reasons behind the opposition is that the interest sought was never sought in the Bill of Costs and no such interest was awarded by the Taxing Officer.
The Respondent has argued that the award of costs is at the discretion of the court but the Applicant has failed to prove that he is entitled to interest. The Respondent seeks dismissal of prayer 2 of the Application.
I have considered this matter. It is evident from the Replying Affidavit that the Respondent is only opposed to the awarding of interest in each of the three files. I have considered the Respondent’s argument that the 14% interest sought by the Applicant was not sought for in the Bills of Cost in each of the three files and that it was not awarded by the Taxing Officer. The Bills of Cost in the three files clearly shows that the Applicant sought payment of 14% interest as shown items listed in each Bill of Costs. The Taxing Officer did not address the issue of interest in her rulings, which I find amounts to an error on her part, especially when the same is sought in the Bill of Costs.
Under Section 22 (2) of the Civil Procedure Act, this court has discretion to give interest on costs at any rate not exceeding 14% per annum. I am persuaded that this court is at liberty to grant interest on the taxed costs at 14% per annum as prayed in each application in the three matters under determination.
I have also read section 51 (2) of the Advocates Act. It 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.
Noting that the Respondent is not opposed to the three applications, save for the issue of an order for payment of interest, which issue I have resolved in favour of the Applicant, it is my finding that there is no reason to decline these applications. Consequently, all the three Notices of Motion dated 8 th May 2025 are hereby allowed as prayed as follows:
Judgment is hereby entered in sum of Kshs 153,586 in file No. E288/2025; Kshs 146,612 in file No. E304/2025 and Kshs 202,188.30 in file No. E305/2025 being the amounts in the Certificates of Taxation in respect of each file plus interest at 14% in each case as prayed.
Costs of the application in each file is also awarded to the Applicant.
Orders shall issue accordingly.
Dated, signed and delivered this 2 nd September 2025.
S. N. MUTUKU
JUDGE
In the presence of:
Mr. Njoroge for the Applicant
Mr. Koimburi for the Respondent
'