Advocates v Consultancy & another (Environment and Land Miscellaneous Application 049 of 2019) [2022] KEELC 2325 (KLR)
The bottom line
#A Kenyan advocate recovered full taxed costs of Kshs 192,225.40 from a client, but lost interest because interest was never demanded in the bill.
What this practically means
#Executive summary
#Key legal issues
#Entry of judgment for taxed costs
Judgment entered for the certified sum of Kshs. 192,225.40 as the Respondents did not dispute the Certificate of Taxation dated 30th July 2021
Section 51(2) makes the taxing officer's certificate final as to the amount unless set aside or altered by the court. The Respondents were properly served with the application and did not dispute the certificate or file submissions. Where the retainer is not disputed, the court may order that judgment be entered for the sum certified to be due, enabling execution by the advocate.
Entitlement to interest on taxed costs
Claim for interest declined because no demand for interest was raised as required by Regulation 7
Regulation 7 requires, beyond service of the bill, the lapse of one month from delivery of the bill and an express claim for interest raised before the bill is paid or tendered in full. The court found no evidence that such a claim for interest was ever raised or demanded, and therefore declined to award interest on the taxed costs.
Costs of the application
Each party to bear its own costs as the Respondents did not resist the application
The court holds that costs are a matter of judicial discretion to be exercised having regard to the outcome and the circumstances of each case. Because the Respondents did not oppose the application, the court exercised its discretion to spare them costs, directing each party to bear its own costs of the proceedings.
Legal principles established
#- Under Section 51(2) of the Advocates Act, a certificate of taxation is final as to the amount of costs unless set aside or altered, and the court may enter judgment for the certified sum where the retainer is not disputed
- Under Regulation 7 of the Advocates (Remuneration) Order, an advocate may only charge interest where the bill was delivered over one month prior and a claim for interest was raised before payment or tender in full
Court orders
#- 1.Judgment be entered in favour of the Applicant against the Respondents for Ksh 192,225.40/=
- 2.The claim for interest is declined
- 3.Each party to bear its own costs of the application
- Jurisdiction invoked
- Sections 44, 51(1) and 51(2) of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Advocates v Consultancy & another (Environment and Land Miscellaneous Application 049 of 2019) [2022] KEELC 2325 (KLR)", Case Analysis (2022). Notice of Motion dated 8th September, 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2325/eng@2022-07-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.