1. This ruling results from the Advocate/Applicant’s Notice of Motion dated 6th December, 2024, brought Section 51 of the Advocates Act, Cap 16 Laws of Kenya and Rule 7 of the Advocates (Remuneration) Amendment Order, 2014 and seeks the following orders:
a. THAT the Certificate of Costs dated 2nd May, 2024 in respect of the Advocate/Applicant’s Bill of Costs dated 29th January, 2024 in the sum of Ksh.51,398/- to be paid by the Clients/Respondents to the Advocate/Applicant, be adopted as the judgement and decree of this honourable court.
b. THAT the Applicant be awarded interest of the said costs at 14% per annum from 26th November, 2023 until payment in full.
c. THAT the costs of this application be granted to the Advocate/Applicant.
2. The grounds upon which the application is premised are in precis that the Respondents instructed the Appellant to act for it in Kisumu High Court Succession Cause No. 792 of 2013 and that the Applicant professionally executed the Respondents’ instructions.
3. The Respondents subsequently failed to settle the Applicant’s legal fees which then resulted in the Applicant filing its bill of costs that was subsequently taxed by the Taxing Master at Ksh.51,398/- and a Certificate of Taxation of Costs issued to that effect on 2nd May, 2024. The costs remain unsettled.
4. The application is supported by the affidavit of Jude T. Ragot, Advocate, of the Applicant law. The affidavit, to which is annexed the Certificate of Taxation of Costs, expounds on the above grounds.
5. Service of the application and the hearing notice thereof was effected upon the Respondents to the satisfaction of this court. The Respondents did not respond to the Motion and the application thus proceeded as unopposed.
6. Having perused the application, the affidavit in support thereof and the record in its entirety, I am satisfied that the Applicant has demonstrated that it was instructed by and represented the Respondents in the above matter and that the Applicant’s costs as determined by the Taxing Master remain unsettled.
7. Having said as much, the application has merit and I will proceed to allow it in the following terms:
a. THAT judgement is hereby entered in favour of the Applicant against the Respondents for the sum of Ksh.51,398/- as per the Certificate of Taxation of Costs issued herein dated 2nd May, 2024.
b. THAT the above sum of Ksh.51,398/- shall attract interest at the rate of 14% per annum from 2nd May, 2024 until payment in full.
c. THAT as the Notice of Motion dated 6th December, 2024 was not opposed, I make no orders as to costs in respect thereof.
Delivered (virtually), Dated and Signed this 6th day of March, 2025.
JOE M. OMIDO
JUDGE
FOR THE APPLICANT: Mr. Anuro for Mr. Ragot.
FOR THE REPONDENT: No appearance.
COURT ASSISTANT: Mr. Ngoge & Mr. Juma.