Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCAllowedNotice of Motion dated 3rd March 2020 (arising from Kitale Environment & Land Case No. 66 of 2013 and Kitale ELC Misc. Civil Application No. 15 of 2019)· [2020] KEELC 559 (KLR)

Sifuna & Sifuna Co. Advocates v County Government of Trans Nzoia [2020] KEELC 559 (KLR)

Environment and Land Court
19 November 2020
MNMwangi Njoroge
626 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

A Kenyan court confirmed that an unchallenged lawyer's certificate of taxed costs is final, letting the advocate convert it directly into a court judgment for payment.

What this practically means

#

Executive summary

#
This was a Notice of Motion dated 3rd March 2020 brought by an advocate (supported by the affidavit of Prof. Nixon Sifuna) seeking entry of judgment and decree for Kshs. 447,504/=, being the applicant's taxed costs in Kitale Environment & Land Case No. 66 of 2013, per a Certificate of Costs dated 30th September 2019 issued in Kitale ELC Misc. Civil Application No. 15 of 2019. The bill of costs had been taxed by the Deputy Registrar at Kshs. 805,504/= less Kshs. 358,000/= already paid. The respondent, though served, filed no response and did not attend the hearing. Relying on section 51(2) of the Advocates Act, Mwangi Njoroge J held that a certificate of the taxing officer is final as to the amount of costs covered unless set aside or altered by the court, and that where the retainer is not disputed the court may enter judgment for the sum certified. Since the certificate was never challenged, the court entered judgment for the applicant for Kshs. 447,504/=, awarded costs of the application against the respondent, and directed interest at court rates on both from the date of the ruling. The ruling was delivered at Kitale via electronic mail on 19th November 2020.

Key legal issues

#
01

Enforcement of a certificate of taxation under section 51(2) of the Advocates Act

Holding

An unchallenged certificate of costs is final as to the amount and supports entry of judgment for the certified sum.

Reasoning

The court found the advocate-client bill had been taxed at Kshs. 805,504/= less Kshs. 358,000/= already paid, leaving Kshs. 447,504/=. The respondent was served but neither responded nor attended the hearing. Section 51(2) provides that a certificate of the taxing officer is final unless set aside or altered by the court, and where the retainer is not disputed judgment may be entered for the certified sum. The certificate dated 30/9/2019 was never challenged, so the application was allowed.

p. 2

Legal principles established

#
  • A taxing officer's certificate of costs is final as to the amount of costs covered unless set aside or altered by the court, and where the retainer is not disputed the court may enter judgment for the sum certified.

Court orders

#
  1. 1.Judgment entered against the respondent in favour of the applicant for Kshs. 447,504/= as ascertained by the Taxing Officer and contained in the certificate of taxation dated 30th September 2019
  2. 2.Costs of the application to be paid by the respondent to the applicant
  3. 3.Interest at court rates on the judgment sum and the costs from the date of the ruling

Authorities

#

Legislation

  • Advocates ActSection 51(1) and 51(2)
Jurisdiction invoked
Section 51 of the Advocates Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Sifuna & Sifuna Co. Advocates v County Government of Trans Nzoia [2020] KEELC 559 (KLR)", Case Analysis (2020). Notice of Motion dated 3rd March 2020 (arising from Kitale Environment & Land Case No. 66 of 2013 and Kitale ELC Misc. Civil Application No. 15 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/559/eng@2020-11-19

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.