Masore Nyang’au & Co. Advocates v Kensalt Ltd & another [2021] KEELC 4145 (KLR)
The bottom line
#Kenya's High Court confirmed that an uncontested certificate of taxation is final, and clients disputing fees must raise issues at taxation, not after.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to judgment under section 51(2) of the Advocates Act
The advocate was entitled to judgment on the certificate of taxation since it had not been set aside or stayed
The taxing officer had issued a certificate of costs dated 11th September 2019 for Kshs.1,069,484.86 and this was not in dispute. The respondents' own director deponed that the certificate had neither been set aside nor stayed and therefore represented the legal fees payable. The court found the application met the threshold for entry of judgment under section 51(2).
Entitlement to interest at 14% per annum
The advocate was entitled to interest at 14% per annum
The court found the advocate entitled to interest at 14% per annum, and granted it from the date of filing the bill of costs on 23rd December 2016 until payment in full, as sought in the application.
Respondents' claim of payment and request for taking of accounts
The claim of payment was unsupported and the request to refer the matter for taking of accounts was refused as ill advised and outside the court's jurisdiction at this stage
The respondents alleged payment of Kshs.1,000,000 through one Lawi Kiplagat, but he did not swear an affidavit to confirm the averments. The court further held that taking of accounts could not be ordered at this stage, as the issue ought to have been raised at taxation of the bill of costs.
Legal principles established
#- A certificate of taxation that has not been set aside or stayed constitutes the sum payable and meets the threshold for entry of judgment under section 51(2) of the Advocates Act
- A party who alleges payment must support the allegation with evidence, such as an affidavit from the person through whom payment was made
- The court cannot order taking of accounts between advocate and client at the judgment stage under section 51(2); such issues must be raised at taxation
Court orders
#- 1.Judgment entered in favour of the advocate M/S Masore Nyang'au & Co. Advocates as against the clients/respondents in the sum of Kshs.1,069,484/86 as per the certificate of taxation issued on 11th September 2019
- 2.Interest to be paid at 14% per annum from the date of filing, that is 23rd December 2016 until payment in full
- 3.The advocate shall have costs of this application
- Jurisdiction invoked
- Section 51(2) of the Advocates Act, Cap. 16; Rule 7 of the Advocates Remuneration Order; Section 3A of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Masore Nyang’au & Co. Advocates v Kensalt Ltd & another [2021] KEELC 4145 (KLR)", Case Analysis (2021). Notice of Motion dated 3rd February 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/4145/eng@2021-02-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.