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ELCPartially AllowedNotice of Motion dated 9th July 2021 (arising from Murang'a ELC Appeal No. 25 of 2019)· [2021] KEELC 914 (KLR)

Delmonte Kenya Limited v Meshak Kibe Muiruri & 3 others [2021] KEELC 914 (KLR)

Environment and Land Court of Kenya
18 November 2021
LGL. Gacheru
2,271 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court converted a taxed legal fees certificate into a Kshs 284,710 judgment with 14% interest, confirming only a judge can do this.

What this practically means

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Executive summary

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The Applicant, through the Law Firm of Njoroge Regeru & Company Advocates, moved the Court by Notice of Motion dated 9th July 2021 under Section 51(2) of the Advocates Act seeking adoption of a Certificate of Costs issued on 25th June 2021, taxing a Party and Party Bill of Costs dated 28th January 2021 at Kshs. 284,710/=, as judgment and decree of the Court, plus interest at court rates from 24th June 2021. The Respondents opposed through Grounds of Opposition, arguing the application was unnecessary and that securing a decree on costs was merely administrative. The Court, L. Gacheru J, framed two issues: whether the Court had mandate to adopt the Certificate of Costs, and whether interest was payable on the taxed costs. Relying on Section 51(2) of the Advocates Act and Order 49 of the Civil Procedure Rules, the Court held that only a judge may enter judgment on a certificate of costs, that such applications are substantive rather than administrative, and that with no pending reference under Rule 11 and no dispute on retainer, there was no bar to entry of judgment. On interest, applying Rule 7 of the Advocates Remuneration Order and case law, the Court held interest at 14% per annum was payable from the date the Certificate of Costs was issued, though the Applicant had not proved the interest claim was raised in the bill. The application was allowed: judgment was entered for Kshs. 284,710/=, interest at 14% per annum from 26th June 2021 until payment in full, and the Advocate was awarded costs of the application.

Key legal issues

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01

Mandate to adopt a Certificate of Costs as judgment

Holding

The Court has jurisdiction to enter judgment on the Certificate of Costs where it has not been set aside, altered, or challenged by reference, and the retainer is not disputed

Reasoning

Section 51(2) of the Advocates Act makes the taxing officer's certificate final unless set aside or altered by the Court. No reference under Rule 11 of the Advocates Remuneration Order was pending and the retainer was not disputed. Such an application is substantive, not administrative, and a Deputy Registrar lacks jurisdiction to hear it; only a judge may enter judgment.

p. 2
02

Interest on taxed costs

Holding

Interest at 14% per annum is payable, running from issuance of the Certificate of Costs, where no reference is pending

Reasoning

Rule 7 of the Advocates Remuneration Order permits an advocate to charge interest at 14% per annum from expiry of one month from delivery of the bill, provided the claim for interest was raised before payment in full. The Applicant did not prove the claim for interest was raised in the bill, but since the certificate was never set aside or subjected to a reference, interest was granted from the date the certificate was issued.

p. 4

Legal principles established

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  • Judgment on a certificate of costs can be entered by the court unless the certificate has been set aside or altered or the retainer is disputed
  • An application under Section 51(2) of the Advocates Act is substantive and falls within the jurisdiction of a judge, not a Deputy Registrar

Court orders

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  1. 1.Judgment entered for the Applicant against the Respondents for Kshs. 284,710/=
  2. 2.Interest to be paid at 14% p.a from 26th June 2021 till payment in full
  3. 3.The Advocate to have the costs of this application

Authorities

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Legislation

  • Advocates ActSection 51(2)
  • Advocates Remuneration OrderRule 7
  • Advocates Remuneration OrderRule 11
  • Civil Procedure RulesOrder 49 Rule 2; Rule 7(1)

Cases cited (4)

  • Republic -vs- City Council of Nairobi Ivyland Park Ltd (interested party) Exparte Inderpal Singh & 2 others
    (2021) eKLR
  • Otieno Ragot And Co. Advocates Vs Kenindia Assurance Co. Limited
    Misc. Cause No. 78 of 2015
  • D. Njogu & Company Advocates Vs Kenya National Capital Corporation
    NRB High Court Misc. No. 21 of 2005
  • Jackson Omwenga & Co. Advocates Vs Everest Enterprises Ltd
    Nbi Misc. Application No. 96 of 1996
Jurisdiction invoked
Section 51(2) of the Advocates Act, Cap 16 Laws of Kenya

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Delmonte Kenya Limited v Meshak Kibe Muiruri & 3 others [2021] KEELC 914 (KLR)", Case Analysis (2021). Notice of Motion dated 9th July 2021 (arising from Murang'a ELC Appeal No. 25 of 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/914/eng@2021-11-18

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