1. By a Notice of Motion dated 14th July 2026, brought under Section 51(2) of the Advocates Act, the Advocates Remuneration Order, Articles 27(1), 47, 48, 50 and 159 of the Constitution and the enabling provisions of the law, the Applicant seeks adoption of the Certificate of Taxation arising from the taxation proceedings in Misc. App. No. E001 of 2025, Ochieng Oginga and Company Advocates v County Government of Kisii, as a judgment and decree of this Court for Kshs. 8,688,550.80, together with interest at the rate of 14% per annum from 23rd February 2026 until payment in full, and the costs of the application.
2. The application is supported by the affidavit of Arnold Ochieng Oginga, Advocate, sworn on 14th July 2026. The Applicant deposes that its Advocate-Client Bill of Costs dated 1st October 2025 was taxed by the Deputy Registrar, Hon. Beryl Jumar, and by a ruling delivered on 23rd February 2026, the Bill was taxed at Kshs. 8,688,550.80. The Certificate of Taxation is dated 5th May 2026, while the Certificate of Order and Costs against the Government is dated 23rd February 2026.
3. Following taxation, the Applicant made demands for payment by letters dated 8th May 2026, 21st May 2026 and 1st June 2026, but the certified sum remained unpaid.
4. When the application came before the Court for hearing on 21st September 2026, Ms. Githinji, learned counsel for the Respondents, appeared and informed the Court that the application was not opposed.
5. The issue for determination is whether the Certificate of Taxation should be adopted as a judgment and decree of this Court.
6. Section 51(2) of the Advocates Act empowers the Court, where a certificate of taxation has not been set aside or altered and the retainer is not disputed, to enter judgment for the amount certified as due. In the present case, there is no evidence that the taxation ruling or the Certificate of Taxation has been challenged, set aside or altered, and the Respondents have expressly elected not to oppose the application.
7. I am therefore satisfied that the requirements of Section 51(2) of the Advocates Act have been met. The certified sum of Kshs. 8,688,550.80 is accordingly due to the Applicant, and the application is merited.
8. Consequently, the Notice of Motion dated 14th July 2026 is allowed and I make the following orders:
1) The Certificate of Taxation dated 5th May 2026, arising from the ruling delivered on 23rd February 2026 in Misc. App. No. E001 of 2025, Ochieng Oginga and Company Advocates v County Government of Kisii, for Kshs. 8,688,550.80, is hereby adopted as a Judgment and Decree of this Court.
2) Judgment is hereby entered in favour of the Applicant against the Respondents for Kshs. 8,688,550.80, together with interest thereon at the rate of 14% per annum from 23rd February 2026 until payment in full.
3) The Applicant shall have the costs of the application .
2. The application is supported by the affidavit of Arnold Ochieng Oginga, Advocate, sworn on 14th July 2026. The Applicant deposes that its Advocate-Client Bill of Costs dated 1st October 2025 was taxed by the Deputy Registrar, Hon. Beryl Jumar, and by a ruling delivered on 23rd February 2026, the Bill was taxed at Kshs. 8,688,550.80. The Certificate of Taxation is dated 5th May 2026, while the Certificate of Order and Costs against the Government is dated 23rd February 2026.
3. Following taxation, the Applicant made demands for payment by letters dated 8th May 2026, 21st May 2026 and 1st June 2026, but the certified sum remained unpaid.
4. When the application came before the Court for hearing on 21st September 2026, Ms. Githinji, learned counsel for the Respondents, appeared and informed the Court that the application was not opposed.
5. The issue for determination is whether the Certificate of Taxation should be adopted as a judgment and decree of this Court.
6. Section 51(2) of the Advocates Act empowers the Court, where a certificate of taxation has not been set aside or altered and the retainer is not disputed, to enter judgment for the amount certified as due. In the present case, there is no evidence that the taxation ruling or the Certificate of Taxation has been challenged, set aside or altered, and the Respondents have expressly elected not to oppose the application.
7. I am therefore satisfied that the requirements of Section 51(2) of the Advocates Act have been met. The certified sum of Kshs. 8,688,550.80 is accordingly due to the Applicant, and the application is merited.
8. Consequently, the Notice of Motion dated 14th July 2026 is allowed and I make the following orders:
1) The Certificate of Taxation dated 5th May 2026, arising from the ruling delivered on 23rd February 2026 in Misc. App. No. E001 of 2025, Ochieng Oginga and Company Advocates v County Government of Kisii, for Kshs. 8,688,550.80, is hereby adopted as a Judgment and Decree of this Court.
2) Judgment is hereby entered in favour of the Applicant against the Respondents for Kshs. 8,688,550.80, together with interest thereon at the rate of 14% per annum from 23rd February 2026 until payment in full.
3) The Applicant shall have the costs of the application .