1. The Applicant’s Notice of Motion dated 29th January 2026 seeks judgment against the Respondent for the sum of Kshs. 38,750.00 being taxed costs certified by the Deputy Registrar on 26th January 2026 together with costs of the application.
2. The application is brought under section 51(2) of the Advocates Act on the grounds that the Advocate/Client Bill of Costs was taxed, a Certificate of Taxation was issued and the same has neither been set aside nor varied. The Applicant also states that the retainer is not disputed.
3. The record shows that the Applicant filed an Advocate/Client Bill of Costs dated 20th June 2025 seeking costs arising from legal services rendered to the Respondent in relation to a claim against Metropol Corporation Limited concerning the wrongful listing of the Respondent’s credit information.
4. In the ruling delivered on 26th September 2025, the taxing officer considered the bill and taxed it at Kshs. 38,750.00 after taxing off Kshs. 20,250.00 from the amount claimed. A Certificate of Taxation was subsequently issued on 26th January 2026.
5. Section 51(2) of the Advocates Act provides as follows:
“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.”
6. The principles governing applications under section 51(2) are now settled. Once a bill has been taxed and a certificate of taxation issued, the Court may enter judgment for the certified amount, provided that the certificate has not been set aside or altered and the retainer is not disputed.
7. In Lubulellah & Associates Advocates v N K Brothers Ltd [2014] eKLR, the Court held that where there is no dispute as to retainer and no reference challenging taxation, judgment should ordinarily follow.
8. The Supreme Court in Kenya Airports Authority v Otieno Ragot and Company Advocates [2024] KESC 44 (KLR) reiterated that a certificate of taxation is final as to quantum unless successfully challenged through a reference under paragraph 11 of the Advocates Remuneration Order. The Court stated as follows on Section 51(2) of the Advocates Act: -
“The words employed in the above provision are clear and demonstrate that the intention of the Legislature is that the costs ascertained by the certificate of taxation or costs, are final with respect to costs covered therein. In other words, a certificate of taxed Party-Party costs is final on the costs/fees ascertained in the Party-Party costs.”
9. I have considered the application, the supporting affidavit and the material on record. There is no evidence that the Certificate of Taxation dated 26th January 2026 has been set aside, altered or stayed. There is equally no dispute regarding the advocate-client relationship between the parties. Indeed, the taxed bill arose directly from services rendered by the Applicant to the Respondent.
10. In the absence of any challenge to the taxation and there being no dispute as to retainer, the Applicant has satisfied the conditions set out under section 51(2) of the Advocates Act and is entitled to judgment for the amount certified in the Certificate of Taxation.
11. Consequently, I make the following orders:
a. Judgment is hereby entered for the Applicant against the Respondent in the sum of Kshs. 38,750.00 being the certified taxed costs.
b. The Applicant shall have interest on the said sum at court rates from the date of taxation until payment in full.
c. The Applicant shall have the costs of the application, hereby taxed at Kshs. 30,000/-.
12. It is so ordered.
DATED, SIGNED, AND DELIVERED AT NAIROBI
THIS 21ST DAY OF MAY 2026
HON. MR. JUSTICE MOSES ADO
Judge of the High Court
In the presence of:
Moses C/A
Oluoch……………………for the Applicant/Advocate
N/A………………………for the Respondent/Client
2. The application is brought under section 51(2) of the Advocates Act on the grounds that the Advocate/Client Bill of Costs was taxed, a Certificate of Taxation was issued and the same has neither been set aside nor varied. The Applicant also states that the retainer is not disputed.
3. The record shows that the Applicant filed an Advocate/Client Bill of Costs dated 20th June 2025 seeking costs arising from legal services rendered to the Respondent in relation to a claim against Metropol Corporation Limited concerning the wrongful listing of the Respondent’s credit information.
4. In the ruling delivered on 26th September 2025, the taxing officer considered the bill and taxed it at Kshs. 38,750.00 after taxing off Kshs. 20,250.00 from the amount claimed. A Certificate of Taxation was subsequently issued on 26th January 2026.
5. Section 51(2) of the Advocates Act provides as follows:
“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.”
6. The principles governing applications under section 51(2) are now settled. Once a bill has been taxed and a certificate of taxation issued, the Court may enter judgment for the certified amount, provided that the certificate has not been set aside or altered and the retainer is not disputed.
7. In Lubulellah & Associates Advocates v N K Brothers Ltd [2014] eKLR, the Court held that where there is no dispute as to retainer and no reference challenging taxation, judgment should ordinarily follow.
8. The Supreme Court in Kenya Airports Authority v Otieno Ragot and Company Advocates [2024] KESC 44 (KLR) reiterated that a certificate of taxation is final as to quantum unless successfully challenged through a reference under paragraph 11 of the Advocates Remuneration Order. The Court stated as follows on Section 51(2) of the Advocates Act: -
“The words employed in the above provision are clear and demonstrate that the intention of the Legislature is that the costs ascertained by the certificate of taxation or costs, are final with respect to costs covered therein. In other words, a certificate of taxed Party-Party costs is final on the costs/fees ascertained in the Party-Party costs.”
9. I have considered the application, the supporting affidavit and the material on record. There is no evidence that the Certificate of Taxation dated 26th January 2026 has been set aside, altered or stayed. There is equally no dispute regarding the advocate-client relationship between the parties. Indeed, the taxed bill arose directly from services rendered by the Applicant to the Respondent.
10. In the absence of any challenge to the taxation and there being no dispute as to retainer, the Applicant has satisfied the conditions set out under section 51(2) of the Advocates Act and is entitled to judgment for the amount certified in the Certificate of Taxation.
11. Consequently, I make the following orders:
a. Judgment is hereby entered for the Applicant against the Respondent in the sum of Kshs. 38,750.00 being the certified taxed costs.
b. The Applicant shall have interest on the said sum at court rates from the date of taxation until payment in full.
c. The Applicant shall have the costs of the application, hereby taxed at Kshs. 30,000/-.
12. It is so ordered.
DATED, SIGNED, AND DELIVERED AT NAIROBI
THIS 21ST DAY OF MAY 2026
HON. MR. JUSTICE MOSES ADO
Judge of the High Court
In the presence of:
Moses C/A
Oluoch……………………for the Applicant/Advocate
N/A………………………for the Respondent/Client