Muri Mwaniki & Wamiti Advocates v Wedge Wood Supplies (K) Limited [2021] KEELC 564 (KLR)
The bottom line
#A Kenyan advocate recovered taxed costs from a former client but lost 14% interest because no demand or claim for interest was made before payment.
What this practically means
#Executive summary
#Key legal issues
#Entry of judgment for taxed costs under section 51(2) of the Advocates Act
Judgment was entered for the certified sum of Kshs. 192,523.2/= since the Certificate of Taxation was not disputed and the Respondent conceded prayer 1
Section 51(2) makes the taxing officer's certificate final as to the amount of costs unless set aside or altered by the Court. The Respondent was properly served, did not dispute the Certificate of Taxation dated 20th November 2018, and conceded prayer 1 at the hearing. The Court therefore entered judgment for the certified sum.
Entitlement to interest under Regulation 7 of the Advocates (Remuneration) Order
Interest was refused because the Advocate neither proved a demand for payment nor raised a claim for interest with the Respondent
Regulation 7 permits interest at 14% per annum from expiry of one month from delivery of the bill, provided the claim for interest is raised before the bill is paid or tendered in full. Although the bill was served on 28th May 2018, there was no evidence of demand for payment or of a claim for interest being raised. The proviso was not satisfied and the discretionary word 'may' did not assist the Applicant.
Costs of the application
Each party directed to bear own costs in light of the Respondent's concession and the advocate-client relationship
The Court exercised its ultimate discretion on costs, considering the outcome and the circumstances of the case: the Respondent did not resist the substantive prayer but conceded it on the hearing date, and there was no cogent evidence whether payment had been made earlier after the certificate of taxed costs was obtained.
Legal principles established
#- Under Regulation 7 of the Advocates (Remuneration) Order, interest is chargeable only where one month has lapsed from delivery of the bill AND the advocate has raised a claim for interest before the amount of the bill has been paid or tendered in full
Court orders
#- 1.Judgment entered against the Respondent for the taxed costs of Kshs. 192,523.2/= as per the Certificate of Taxation dated 20th November, 2018
- 2.Prayer (2) for interest dismissed
- 3.Each party to bear own costs of the proceedings
- Jurisdiction invoked
- Section 51(2) of the Advocates Act and Regulation 7 of the Advocates (Remuneration) Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muri Mwaniki & Wamiti Advocates v Wedge Wood Supplies (K) Limited [2021] KEELC 564 (KLR)", Case Analysis (2021). Notice of Motion dated 9th March, 2021 (Advocate/Client Bill of Costs). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/564/eng@2021-12-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.