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1. What is before me is Notice of Motion dated 5/12/2023 brought under section 51 (2) of Advocates Act Cap 16 Laws of Kenya seeking : -
i. That judgment be entered in favour of the applicant and against the respond for the sum of Ksh. 233,135/= being the certified costs due to the applicant as against the respondent.
2. The applicant also seeks that the respondent pays the costs of the application.
3. The grounds are that the costs were taxed and despite demand the respondent had failed/ neglected/refused to pay. That there was no dispute that the costs were owed and no appeal had been filed against the same.
4. The application is supported by affidavit sworn by Moses Ngaywa . Annexed is the certificate of taxation and a hearing notice to the respondent. The application was served but there is no appearance/response.
5. Section 51 (2) of the Advocate Act states: -
“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. Having considered the application, the certificate of taxation, the, the supporting affidavit – affidavit of service, I find that the application is unopposed.
7. The application is allowed as prayed and judgement be and is hereby entered for the sums as prayed: Ksh. 233,135/= plus costs and interest.
Orders accordingly
Dated signed and delivered this 3rd October 2025.
Mumbua T Matheka
Judge
CA Chrispol
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1. What is before me is Notice of Motion dated 5/12/2023 brought under section 51 (2) of Advocates Act Cap 16 Laws of Kenya seeking : -
i. That judgment be entered in favour of the applicant and against the respond for the sum of Ksh. 233,135/= being the certified costs due to the applicant as against the respondent.
2. The applicant also seeks that the respondent pays the costs of the application.
3. The grounds are that the costs were taxed and despite demand the respondent had failed/ neglected/refused to pay. That there was no dispute that the costs were owed and no appeal had been filed against the same.
4. The application is supported by affidavit sworn by Moses Ngaywa . Annexed is the certificate of taxation and a hearing notice to the respondent. The application was served but there is no appearance/response.
5. Section 51 (2) of the Advocate Act states: -
“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. Having considered the application, the certificate of taxation, the, the supporting affidavit – affidavit of service, I find that the application is unopposed.
7. The application is allowed as prayed and judgement be and is hereby entered for the sums as prayed: Ksh. 233,135/= plus costs and interest.
Orders accordingly
Dated signed and delivered this 3rd October 2025.
Mumbua T Matheka
Judge
CA Chrispol
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