Bryan Khaemba, Kamau Kamau & Co. Advocates v Fatuma Abdikadir Eman [2021] KEELC 583 (KLR)
The bottom line
#A Kenyan law firm recovered its taxed fees plus interest, but lost earlier interest because it forgot to claim interest in its bill of costs.
What this practically means
#Executive summary
#Key legal issues
#Whether judgment should be entered on the certificate of taxation
Judgment entered for the Applicant for Kshs. 63,285.54 as the certificate of taxation was unchallenged; the Respondent's pending suit ELC 338/2021 did not constitute a challenge to the certificate.
The bill of costs was taxed by the Deputy Registrar and a certificate of taxation issued. No reference under the Advocates Act was filed challenging the taxation. Section 5(2) provides the certificate is final unless set aside or altered by the Court. The Respondent's suit ELC 338/2021 was against third parties over an eviction notice and unrelated to the certificate, so it did not impugn the taxation.
From what date interest at 14% per annum should run
Interest at 14% per annum awarded from 5th May 2021, not from 26th December 2020 as claimed, because the bill of costs omitted a charge for interest.
Following Otieno, Ragot & Company Advocates v Kenya Airports Authority, rule 7 interest applies only where the bill of costs included a charge for interest at 14% per annum. That charge was omitted here, negating rule 7 and leaving the court to exercise its discretion under section 26 of the Civil Procedure Act. The court chose the date of service of the certificate of taxation as the start date.
Legal principles established
#- A certificate of taxation 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 should enter judgment for the certified sum.
- Interest under rule 7 of the Advocates (Remuneration) Order accrues only where the bill of costs included a charge for interest; otherwise the court falls back on its discretion under section 26 of the Civil Procedure Act.
Court orders
#- 1.Judgment entered for the Applicant against the Respondent for Kshs. 63,285.54 being the taxed and certified advocate-client costs
- 2.Interest awarded at 14% per annum from 5th May 2021 (date of service of the certificate of taxation) until payment in full
- 3.The Applicant awarded the costs of the Application
- Jurisdiction invoked
- Section 5(2) of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bryan Khaemba, Kamau Kamau & Co. Advocates v Fatuma Abdikadir Eman [2021] KEELC 583 (KLR)", Case Analysis (2021). Notice of Motion dated 5th August 2021 (Milimani). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/583/eng@2021-11-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.