Akide & Company Advocates v Registered Trustees of the Kenya Railways Staff Retirement Benefits Scheme [2022] KEELC 1826 (KLR)

Environment and Land Court

3 February 2022

EWE. K. Wabwoto

789 words in judgment

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The bottom line

The court ordered the Kenya Railways pension scheme to pay its advocate over Kshs 30 million in taxed legal fees but refused to add interest because it was never demanded.

What this practically means

Executive summary

This was a Notice of Motion dated 17th September 2021 by Advocate Kenneth Wabwire Akide S.C, brought under Section 51 of the Advocates Act, seeking to have a Certificate of Taxation deemed judgment and decree and judgment entered against the Respondent for taxed costs of Kshs 30,668,653.1192/- with interest at 14% per annum under Rule 7 of the Advocates Remuneration Order. The bill arose from the Applicant's representation of the Respondent in ELC Case No. 491 of 2013, Anglo African Property Holding Limited v The Registered Trustee of the Kenya Railways Staff Retirement Benefits Scheme, with taxation done on 18th August 2021. When the application came up for hearing on 2nd February 2022, only the Applicant's counsel appeared; an Affidavit of Service sworn by Jairus Nduru on 5th January 2022 confirmed service on the Respondent, and the application was unopposed. The court, per E. K. Wabwoto J, identified the sole issue as whether the application was merited. Applying Section 51(2) of the Advocates Act, the court held that the certificate was unchallenged and entered judgment against the Respondent for Kshs 30,668,653.1192/-. However, on interest, the court applied Regulation 7 of the Advocates (Remuneration) Order, which requires that a claim for interest be raised before payment and that one month elapse from delivery of the bill; finding no evidence that interest was ever demanded, the court declined the interest claim. The application was therefore allowed in part, with each party bearing its own costs. The judgment was delivered virtually at Nairobi on 3rd February 2022.

Key legal issues

Whether judgment may be entered on the Certificate of Taxation under Section 51(2) of the Advocates Act

Holding

Yes; the respondent was duly served, did not dispute the certificate, and judgment was entered for the taxed costs.

Reasoning

Section 51(2) provides that a taxing officer's certificate is final as to the amount of costs unless set aside or altered, and the court may order judgment entered for the certified sum where the retainer is not disputed. Service was proved by an affidavit of service, the application was unopposed, and the certificate was not disputed, so judgment was entered for Kshs 30,668,653.1192/-.

p. 1

Whether the applicant was entitled to interest at 14% per annum under Regulation 7 of the Advocates (Remuneration) Order

Holding

No; interest was declined because no claim for interest was raised or demanded.

Reasoning

Regulation 7 requires that one month lapse from delivery of the bill and that a claim for interest be raised before the bill is paid or tendered in full. The court found no evidence that interest was ever demanded, and therefore declined to award interest despite the successful judgment for the principal taxed costs.

p. 2

Legal principles established

A certificate of taxation not set aside or altered by the court is final as to the amount of costs and judgment may be entered for the certified sum where retainer is not disputed.
An advocate may charge 14% interest only if a claim for interest was raised before the bill was paid in full and one month has expired since delivery of the bill.

Court orders

1.Judgment be entered in favour of the Applicant against the Respondent for Ksh 30,668,653.1192/-
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) OrderRule 7 / Regulation 7

Jurisdiction invoked: Section 51 of the Advocates Act

Key timeline

Practical implications

Frequently asked questions

Cite this brief

Caselaw, "Akide & Company Advocates v Registered Trustees of the Kenya Railways Staff Retirement Benefits Scheme [2022] KEELC 1826 (KLR)", Case Analysis (2022). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1826/eng@2022-02-03

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