PROF. TOM OJIENDA VS COUNTY GOVERNMENT OF MERU

REPUBLIC OF KENYA

                  IN THE HIGH COURT OF KENYA AT NAIROBI

                                  MILIMAINI LAW COURTS

             CONSTITUTIONAL AND HUMAN RIGHTS DIVISION

                             MISC. APPLICATION NO 10 OF 2018

PROF. TOM OJIENDA & ASSOCIATES………APPLICANT

                                         VERSUS

COUNTY GOVERNMENT OF MERU………….RESPONDENT

                                      RULING

1. The advocate/applicant filed an application dated 23^rd January 2020, seeking judgment on taxed costs. I have read the application, supporting affidavit and anextures. I have also heard counsel for the advocate /applicant.
2. The application has been brought under section 51(2) of the Advocates Act. The advocate filed a bill of costs dated 15/2/2018 which was taxed by the Taxing Officer on 14/12/2018 and allowed in the sum of Kshs. 35,046,245. The Taxing Officer issued a Certificate of Taxation dated 31/1/2020. That Certificate of Taxation has not been altered or set aside. There is also no challenge pending before any court.
3. Although the client/respondent’s counsel was served, they did not file a response or attend court during the hearing of this application. As it is, this application is not opposed.
4. Consequently, the application is allowed. Judgment is hereby entered in favour of the advocate/applicant against the client/respondent in the sum of Kshs. 35,046,245, as taxed and ascertained in the Certificate of Taxation dated 31/1/2020. The advocate/applicant shall have interest at court rates from 23/6/2020 until payment in full.
5. The advocate /applicant shall also have costs of this application.

            Dated and delivered this 27^th day of January 2027

                          E C MWITA

                              JUDGE