Akide and Company Advocates v Registered Trustees of the Kenya Railways Staff Retirement Benefits Scheme [2022] KEELC 1786 (KLR)
The bottom line
#A Kenyan advocate recovered Ksh 7.5 million in taxed costs as judgment, but lost his 14% interest claim because he never demanded interest in writing.
What this practically means
#Executive summary
#Key legal issues
#Entry of judgment on a certificate of taxation under Section 51(2) of the Advocates Act
Judgment was entered for the taxed costs as the Respondent was duly served and did not dispute the Certificate of Taxation
Section 51(2) provides that a taxing officer's certificate is final as to the amount of costs unless set aside or altered by the Court, and the Court may order judgment to be entered for the sum certified where the retainer is not disputed. The Respondent was properly served with the application and affidavit of service confirmed this, yet did not oppose or dispute the Certificate of Taxation dated 30th August 2021, so judgment was properly entered.
Entitlement to interest at 14% per annum under Regulation 7 of the Advocates (Remuneration) Order
Interest was declined because there was no evidence a claim for interest was raised as the regulation requires
Regulation 7 permits an advocate to charge interest at 14% per annum on disbursements and costs from the expiration of one month from delivery of the bill, provided the claim for interest is raised before the bill is paid or tendered in full. The Court found the regulation requires not only service of the bill but a demand for interest. The demand for settlement of taxed costs (annexure KWA-5) contained no demand for interest, so no award of interest could be made.
Costs of the application
Each party to bear its own costs, given the Respondent did not resist the application
The Court exercised its discretion on costs by considering the outcome and the circumstances of the case. Since the Respondent did not resist the application, the Court directed each party to bear its own costs of the proceedings.
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 under Regulation 7 of the Advocates (Remuneration) Order requires that one month elapse from delivery of the bill AND that a claim for interest be raised before payment or tender in full
Court orders
#- 1.Judgment be entered in favour of the Applicant against the Respondent for Ksh 7,555,276.60/=.
- 2.The claim for interest is declined.
- 3.Each party to bear its own costs of the application.
- Jurisdiction invoked
- Section 51 of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Akide and Company Advocates v Registered Trustees of the Kenya Railways Staff Retirement Benefits Scheme [2022] KEELC 1786 (KLR)", Case Analysis (2022). Notice of Motion dated 17th September, 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1786/eng@2022-02-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.