Akide and Company Advocates v Registered Trustees of Kenya Railways Staff Retirement Benefits Scheme [2022] KEELC 1764 (KLR)

High Court of Kenya

3 February 2022

EWE. K. Wabwoto

784 words in judgment

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The bottom line

What this practically means

Executive summary

This was a Notice of Motion dated 17th September 2021 brought by the Applicant advocate, Kenneth Wabwire Akide S.C, under Section 51 of the Advocates Act, seeking to have a Certificate of Taxation dated 11th August 2021 adopted as judgment against the Respondent for Kshs. 5,233,572.00, plus interest at 14% per annum under Rule 7 of the Advocates Remuneration Order. The Respondent had instructed the Applicant in a change of user and amalgamation of titles over L.R No. 209/1064/1/2/3/4 & 5, and the advocate's bill had been taxed on 28th July 2021. When the application came up for hearing on 2nd February 2022, the Applicant's counsel submitted orally that the application, though served, was unopposed, and an Affidavit of Service sworn by Jairus Nduru confirmed service. E. K. Wabwoto J identified the sole issue as whether the application was merited. Relying on Section 51(2) of the Advocates Act, the Court held that the unchallenged certificate of taxation was final as to the amount and entered judgment for Kshs. 5,233,572.00. However, on the interest claim, the Court found no evidence that a demand for interest had ever been raised as required by Regulation 7, and declined to award interest. Exercising its discretion on costs, and noting the Respondent had not resisted the application, the Court directed each party to bear its own costs. The application therefore succeeded only in part: judgment was entered for the taxed costs, but interest was refused and no costs of the application were awarded.

Key legal issues

Entry of judgment on a certificate of taxation

Holding

Where the respondent was duly served and did not dispute the Certificate of Taxation, judgment is entered for the taxed sum of Kshs. 5,233,572.00

Reasoning

Section 51(2) of the Advocates Act makes a taxing officer's certificate final as to the amount of costs unless set aside or altered by the Court. The Respondent was served with the application and did not oppose it or dispute the certificate, so the Court entered judgment for the certified amount.

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Entitlement to interest at 14% per annum

Holding

Interest under Regulation 7 was declined because there was no evidence that a claim for interest had been raised before payment or tender

Reasoning

Regulation 7 requires not only delivery of the bill but also that a claim for interest be raised before the bill has been paid or tendered in full. The Court examined annexure KWA-5, a demand for settlement of taxed costs, and found no demand for interest had been made, so the interest claim failed.

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Legal principles established

An unchallenged certificate of taxation is final as to the amount of costs and judgment may be entered for the certified sum where the retainer is not disputed
Interest at 14% under Regulation 7 of the Advocates (Remuneration) Order requires that the claim for interest be raised before the bill is paid or tendered in full, after one month from delivery of the bill

Court orders

1.Judgment be entered in favour of the Applicant against the Respondent for Ksh 5,233,572.00
2.The claim for interest is declined
3.Each party to bear its own costs of the application

Authorities

Legislation

Advocates ActSection 51(2)
Advocates (Remuneration) OrdersRegulation 7

Jurisdiction invoked: Section 51 of the Advocates Act

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Akide and Company Advocates v Registered Trustees of Kenya Railways Staff Retirement Benefits Scheme [2022] KEELC 1764 (KLR)", Case Analysis (2022). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1764/eng@2022-02-03

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