Titus Makhanu & Associates Advocates v Alicate Holdings Limited
The bottom line
#Kenya's Court of Appeal confirmed that lawyers cannot add a 14% interest claim after their bill of costs has been taxed; the claim must be included upfront.
What this practically means
#Executive summary
#Key legal issues
#Whether a claim for 14% p.a. interest under Rule 7 may be made for the first time in section 51(2) adoption proceedings
No; the claim for interest must be made in the Bill of Costs and litigated before the Taxing Master, with any omission challengeable only by a Rule 11 reference.
The court read Rule 7 together with section 51(2) of the Advocates Act and its precedents. A Bill of Costs must contain the totality of the advocate's claims so the client knows what to contest. After taxation the door is closed on further claims based on the representation; only a Rule 11 reference can challenge the taxed amount. Allowing piecemeal claims would reward advocates who delay bills to inflate interest. The appellant neither claimed interest in the bill nor filed a Rule 11 reference, so the judge properly declined interest.
Whether the High Court misdirected itself in declining the discretionary award of interest
The learned Judge did not misapprehend the law or abuse her discretion in disallowing the interest claim.
Since the appellant was procedurally barred from raising the Rule 7 interest claim at the enforcement stage, the High Court's refusal to award interest was correct in law. An appellate court will not interfere with a discretion exercised judiciously, and the trial judge's decision rested on the res judicata analysis of a claim never pleaded in the reference or the Bill of Costs.
Legal principles established
#- An advocate who wishes to charge interest at 14% p.a. under Rule 7 of the Advocates (Remuneration) Order must include that claim in the Bill of Costs served on the client and litigate it before the Taxing Master; the claim cannot be raised for the first time in section 51(2) enforcement/adoption proceedings.
- Once a Bill of Costs is taxed and a Certificate of Costs issued, the certificate represents the totality of the client's indebtedness save for interest at court rates at the discretion of the adopting court, and any challenge to the taxed amount lies only by a Rule 11 reference.
Court orders
#- 1.The appeal is dismissed with costs to the respondent
- On appeal from
- High Court of Kenya at Nairobi
- Nairobi High Court Miscellaneous (Reference) Civil Application No E145 of 2021
- Jurisdiction invoked
- First appeal under the Court of Appeal's appellate jurisdiction (Advocates Act enforcement proceedings; not stated by provision in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Prof Tom Ojienda & Associates v County Government of Migori (Environment and Land Miscellaneous Application E005 of 2025) [2026] KEELC 4381 (KLR)[2026] KEELC 4381 (KLR)30 Jun 2026followed
Cite this brief
#Cite this brief
Caselaw, "Titus Makhanu & Associates Advocates v Alicate Holdings Limited", Case Analysis (2025). Nairobi Civil Appeal (Miscellaneous) No E145 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1834/eng@2025-11-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.