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)
The bottom line
#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
#Executive summary
#Key legal issues
#Adoption of a certificate of costs as a judgment and decree
The unvaried certificate of costs dated March 28, 2022 was adopted as the judgment and decree of the court
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.
Entitlement to interest under rule 7 of the Advocates Remuneration Order
The claim for interest failed for lack of proof of the date of service of the bill of costs
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.
Costs of the application
Costs followed the event and were awarded to the successful applicant
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.
Legal principles established
#- 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
#- 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.Costs of the application awarded to the applicant (prayer No 3 allowed)
- 3.Prayer No 2 (interest on the taxed costs) was refused
- Jurisdiction invoked
- Section 51(2) of the Advocates Act and rule 7 of the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.