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ELCPartially AllowedMurang'a ELC Miscellaneous Application (notice of motion dated March 29, 2022)· [2022] KEELC 2842 (KLR)

Del Monte Kenya Limited v Kenya National Chamber of Commerce and Industry (KNCCI) Murang’a Chapter & 2 others (Miscellaneous Civil Application E006 of 2022) [2022] KEELC 2842 (KLR)

Environment and Land Court
23 June 2022
1,545 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed that a lawyer's taxed fee certificate automatically becomes a court judgment, but interest claims fail without proof of when the bill was served.

What this practically means

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Executive summary

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By a notice of motion dated March 29, 2022, the applicant, an advocate who acted for the successful 1st defendant in Murang'a ELC No 86 of 2018 (KNCCI Murang'a Chapter v Del Monte Kenya Limited & others), sought adoption of a certificate of costs of Kshs 20,457,050.00 (taxed on a party and party bill dated June 29, 2020 and issued on March 28, 2022) as the judgment and decree of the court, together with interest on the taxed costs and costs of the application. The application, though served, was unopposed and was canvassed by written submissions. The court framed three issues: adoption of the certificate, entitlement to interest, and costs of the application. Relying on section 51(2) of the Advocates Act and following Lubulellah & Associates Advocates v N K Brothers Limited, the court held that an unvaried, unaltered certificate of costs is final and must be reduced to judgment, the taxing master having become functus officio upon signing the certificate. On interest, the court applied rule 7 of the Advocates Remuneration Order as explained in Muri Mwaniki & Wamiti Advocates v John Ngigi Nganga, holding that interest at 14% runs from one month after service of the bill on the client; since the applicant failed to prove the date of service of the bill, prayer 2 failed. Costs followed the event. The court allowed the application in terms of prayers 1 and 3, dismissed prayer 2, and delivered its ruling virtually at Murang'a on June 23, 2022.

Key legal issues

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01

Adoption of a certificate of costs as a judgment and decree

Holding

The unvaried certificate of costs dated March 28, 2022 was adopted as the judgment and decree of the court

Reasoning

Section 51(2) of the Advocates Act makes the taxing officer's certificate final as to the amount of costs unless set aside or altered by the court. Once the taxing master signs the certificate, they become functus officio; the Registrar's powers under Order 49 of the Civil Procedure Rules do not extend to entering judgment. As no reference, appeal or variation was shown, only entry of judgment remained.

p. 2
02

Entitlement to interest under rule 7 of the Advocates Remuneration Order

Holding

The claim for interest failed for lack of proof of the date of service of the bill of costs

Reasoning

Rule 7 permits 14% per annum interest only from the expiration of one month from delivery of the bill to the client, which requires evidence of service. Although interest is computed on the amount in the certificate of costs, time runs from service of the bill itself. The applicant, bearing the evidential burden, did not demonstrate when the bill was served, so the court could not compute the interest period.

p. 3
03

Costs of the application

Holding

Costs followed the event and were awarded to the successful applicant

Reasoning

The court applied the settled principle that costs follow the event and that the successful party should ordinarily be awarded costs, finding no reason to depart from that exercise of discretion in favour of the applicant.

p. 4

Legal principles established

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  • An unvaried, unaltered certificate of costs is final as to the amount of costs and the court should enter judgment on it
  • Interest under rule 7 of the Advocates Remuneration Order runs from one month after delivery of the bill to the client, requiring proof of service of the bill, though computed on the amount in the certificate of costs

Court orders

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  1. 1.The certificate of costs dated March 28, 2022 in the sum of Kshs 20,457,050.00 was adopted as the judgment and decree of the court (prayer No 1 allowed)
  2. 2.Costs of the application awarded to the applicant (prayer No 3 allowed)
  3. 3.Prayer No 2 (interest on the taxed costs) was refused

Authorities

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Legislation

  • Advocates ActSection 51(2)
  • Advocates Remuneration OrderRule 7
  • Civil Procedure RulesOrder 49

Cases cited (4)

  • Kenya National Chamber of Commerce and Industry (KNCCI) Murang'a Chapter vs Del Monte Kenya Limited & others
    Murang'a ELC No 86 of 2018
  • Del Monte Kenya Limited vs Mishack Kibe Muiruri & 3 others
    Murang'a ELC Misc No 6 of 2021
  • Lubulellah & Associates Advocates v N K Brothers Limited
    [2014] eKLR, Nairobi Misc No 52 of 2012
  • Muri Mwaniki & Wamiti Advocates v John Ngigi Nganga & another
    [2014] eKLR
Jurisdiction invoked
Section 51(2) of the Advocates Act and rule 7 of the Advocates Remuneration Order

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Del Monte Kenya Limited v Kenya National Chamber of Commerce and Industry (KNCCI) Murang’a Chapter & 2 others (Miscellaneous Civil Application E006 of 2022) [2022] KEELC 2842 (KLR)", Case Analysis (2022). Murang'a ELC Miscellaneous Application (notice of motion dated March 29, 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/2842/eng@2022-06-23

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