Background
1. Before this Court is an application by way of Notice of Motion dated 24 th November 2025, brought under Section 51(2) of the Advocates Act, Rule 7 & 13A of the Advocates Remuneration Order, Sections 1B, 3A and 63 (e) of the Civil Procedure Act, and Order 51 Rule 1 of the Civil Procedure Rules in which the Applicant is seeking the following orders;
a) THAT judgment be entered in the sum of Kshs 147,109.00/= in respect of the Certificate of Taxation dated 14 th October 2025 in favour of the Applicant.
b) THAT the costs of this Application be provided for.
2. The Application is supported by an affidavit sworn by VICTOR AJWANG who deposed that the Bill of Costs was duly taxed on 24 th September 2025 and that the same has not been set aside.
Issues for Determination
3. The sole issue for determination is whether the Applicant has satisfied the requirements for entry of Judgment under Section 51(2) of the Advocates Act, Cap 16, Laws of Kenya.
4. Section 51(2) of the Advocates Act 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.”
5. This provision makes it clear that once a bill has been taxed and a certificate of taxation issued, the certificate is final as to the amounts unless it has been set aside or varied by the court, and the court is empowered to enter judgement for the certified amount.
6. In the case of Ahmednasir Abdikadir & Company Advocates v National Bank of Kenya Ltd (2006) eKLR the courts observed that a certificate of taxation remains conclusive as to the amount due unless it has been set aside or altered through the prescribed procedure.
7. The record before this court shows that: The Applicant’s Advocate-Client Bill of Costs was duly taxed; a certificate of taxation was issued for Kshs 147,109.00/=; there is no evidence that the Certificate of Taxation has been set aside or varied; the Respondent has neither challenged the taxation by way of a reference nor disputed the existence of the advocate-client relationship; and that despite service, the Respondent has elected not to oppose the present application.
8. In the absence of any challenge to the Certificate of Taxation, the Court finds no legal impediment to entering judgment in favour of the Applicant herein pursuant to Section 51(2) of the Advocates Act, Cap 16, Laws of Kenya.
Disposition
9. Consequently, judgement is hereby entered in favour of the Applicant against the Respondent in the sum of Kshs 147,109.00/=as per the Certificate of Taxation.
10. The Applicant shall have the costs of this application.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 16 th DAY OF SEPTEMBER 2026
ANNE.M. OKUTOYI
JUDGE
In the presence of:
Mr. Mwanje for the Applicant.
N/A for the Respondent.
Ms. Mokeira-Court Assistant:
1. Before this Court is an application by way of Notice of Motion dated 24 th November 2025, brought under Section 51(2) of the Advocates Act, Rule 7 & 13A of the Advocates Remuneration Order, Sections 1B, 3A and 63 (e) of the Civil Procedure Act, and Order 51 Rule 1 of the Civil Procedure Rules in which the Applicant is seeking the following orders;
a) THAT judgment be entered in the sum of Kshs 147,109.00/= in respect of the Certificate of Taxation dated 14 th October 2025 in favour of the Applicant.
b) THAT the costs of this Application be provided for.
2. The Application is supported by an affidavit sworn by VICTOR AJWANG who deposed that the Bill of Costs was duly taxed on 24 th September 2025 and that the same has not been set aside.
Issues for Determination
3. The sole issue for determination is whether the Applicant has satisfied the requirements for entry of Judgment under Section 51(2) of the Advocates Act, Cap 16, Laws of Kenya.
4. Section 51(2) of the Advocates Act 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.”
5. This provision makes it clear that once a bill has been taxed and a certificate of taxation issued, the certificate is final as to the amounts unless it has been set aside or varied by the court, and the court is empowered to enter judgement for the certified amount.
6. In the case of Ahmednasir Abdikadir & Company Advocates v National Bank of Kenya Ltd (2006) eKLR the courts observed that a certificate of taxation remains conclusive as to the amount due unless it has been set aside or altered through the prescribed procedure.
7. The record before this court shows that: The Applicant’s Advocate-Client Bill of Costs was duly taxed; a certificate of taxation was issued for Kshs 147,109.00/=; there is no evidence that the Certificate of Taxation has been set aside or varied; the Respondent has neither challenged the taxation by way of a reference nor disputed the existence of the advocate-client relationship; and that despite service, the Respondent has elected not to oppose the present application.
8. In the absence of any challenge to the Certificate of Taxation, the Court finds no legal impediment to entering judgment in favour of the Applicant herein pursuant to Section 51(2) of the Advocates Act, Cap 16, Laws of Kenya.
Disposition
9. Consequently, judgement is hereby entered in favour of the Applicant against the Respondent in the sum of Kshs 147,109.00/=as per the Certificate of Taxation.
10. The Applicant shall have the costs of this application.
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 16 th DAY OF SEPTEMBER 2026
ANNE.M. OKUTOYI
JUDGE
In the presence of:
Mr. Mwanje for the Applicant.
N/A for the Respondent.
Ms. Mokeira-Court Assistant: