1. This ruling results from the Advocate/Applicant’s Notice of Motion dated 24th June, 2025, brought Section 51(2) of the Advocates Act, Cap 16 Laws of Kenya, Paragraphs 4 & 7 of the Advocates Remuneration (Amendment) Order, 2014, Order 51 Rule 1 of the Civil Procedure Rules, Section 3A of the Civil Procedure Act and seeks the following orders:
a. THAT the court be pleased to order that the Certificate of Costs issued to the Applicant as against the Respondent be converted into a judgement and decree of this court and consequently, judgement be entered for the Applicant as against the Respondent for Ksh.149,785/-.
b. THAT the interest does accrue on the sum above at the rate of 14% per annum, with effect from 19th September, 2024 until payment shall be made in full, as prescribed in paragraph 7 of the Advocates Remuneration Order.
c. THAT costs of this application be awarded to Advocate/Applicant.
2. The grounds upon which the application is premised are in precis that the Respondent instructed the Appellant to act for it and that the Applicant professionally executed the Respondents instructions. The Respondent 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. The costs remain unsettled.
3. The application is supported by the affidavit of Jared Sala, Advocate. The affidavit, to which is annexed inter alia the Certificate of Taxation of Costs, expounds on the above grounds.
4. Service of the application and the hearing notice thereof was effected upon the Respondent to the satisfaction of this court. The Respondent did not respond to the Motion and the application thus proceeded as unopposed.
5. 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 Respondent in the above matter and that the Applicant’s costs as determined by the Taxing Master remain unsettled.
6. 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 Respondent for the sum of Ksh.149,785/- as per the Certificate of Taxation of Costs issued herein.
b. THAT the above sum shall attract interest at the rate of 14% per annum from 19th September, 2024 until payment in full.
c. THAT costs of the application are awarded to the Applicant, assessed at Ksh.5,000/-.
d. THAT this file is hereby closed.
Delivered (virtually), Dated and Signed this 17th day of April, 2026.
JOE M. OMIDO
JUDGE
FOR THE APPLICANT: Ms. Awuor.
FOR THE REPONDENT: No appearance.
COURT ASSISTANT: Mr. Juma.
a. THAT the court be pleased to order that the Certificate of Costs issued to the Applicant as against the Respondent be converted into a judgement and decree of this court and consequently, judgement be entered for the Applicant as against the Respondent for Ksh.149,785/-.
b. THAT the interest does accrue on the sum above at the rate of 14% per annum, with effect from 19th September, 2024 until payment shall be made in full, as prescribed in paragraph 7 of the Advocates Remuneration Order.
c. THAT costs of this application be awarded to Advocate/Applicant.
2. The grounds upon which the application is premised are in precis that the Respondent instructed the Appellant to act for it and that the Applicant professionally executed the Respondents instructions. The Respondent 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. The costs remain unsettled.
3. The application is supported by the affidavit of Jared Sala, Advocate. The affidavit, to which is annexed inter alia the Certificate of Taxation of Costs, expounds on the above grounds.
4. Service of the application and the hearing notice thereof was effected upon the Respondent to the satisfaction of this court. The Respondent did not respond to the Motion and the application thus proceeded as unopposed.
5. 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 Respondent in the above matter and that the Applicant’s costs as determined by the Taxing Master remain unsettled.
6. 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 Respondent for the sum of Ksh.149,785/- as per the Certificate of Taxation of Costs issued herein.
b. THAT the above sum shall attract interest at the rate of 14% per annum from 19th September, 2024 until payment in full.
c. THAT costs of the application are awarded to the Applicant, assessed at Ksh.5,000/-.
d. THAT this file is hereby closed.
Delivered (virtually), Dated and Signed this 17th day of April, 2026.
JOE M. OMIDO
JUDGE
FOR THE APPLICANT: Ms. Awuor.
FOR THE REPONDENT: No appearance.
COURT ASSISTANT: Mr. Juma.