1. I have considered the advocate/applicant’s notice of motion dated 14th September 2023 and the supporting affidavit sworn by Gideon Odongo on even date and I have also considered the rival oral submissions of parties’ Counsel and wheareas the Respondent’s Counsel has submitted that the certificate of costs is fictitious amount, the Respondent did upon being granted leave by this court on 20th March 2023 fail to file a reference challenging that certificate of costs within the requisite timelines of 14 days from 20th March 2024 and as such the certificate of costs stands unchallenged.
2. In light of the above I do hereby allow this application and the certificate of costs dated 17th August 2023 for the sum of Kshs.3,707,199 is hereby adopted as judgment of this court. The said sum of Kshs.3,707,199 shall attract interest at the rate of 14% from the date of taxation that is 17.8.2023 until payment in full.
3. The Applicant is awarded costs of this application assessed at Kshs.14,500.
4. In light of the above ruling the client/respondent’s objection is overtaken by events and the reference filed out of time is hereby struck out.
5. This file is marked as closed.
Delivered, signed and dated at Kisumu this 25th day of June, 2024.