Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedEnvironment and Land Miscellaneous Application E18 of 2022· [2023] KEELC 16027 (KLR)

Wabwile t/a Wabwile & Co Advocates v Waweru

Environment and Land Court
2 March 2023
MNMwangi Njoroge
362 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

A Kenyan court turned a lawyer's taxed Kshs. 2.8 million fee certificate into an enforceable judgment, but refused to add interest.

What this practically means

#

Executive summary

#
The applicant, an advocate trading as Wabwile & Co Advocates, moved the Environment and Land Court at Nakuru by Notice of Motion dated November 29, 2022 seeking adoption as judgment of Kshs. 2,831,861.60 certified on a certificate of costs dated November 24, 2022, together with interest at court rates from the date of the certificate until payment in full, a decree and liberty to execute, and costs of the application. The respondent, Dorothy Wanjiku Waweru, filed a notice of appointment of advocates (Kimoriot Jemator & Co.) but filed no response, so the application proceeded as unopposed. The applicant's grounds were that the bill of costs had been taxed and he needed to proceed to execution. In a short ruling delivered on March 2, 2023, FM Njoroge J allowed the motion only in respect of prayers 2, 4 and 5: the taxed sum was adopted as judgment against the respondent, a decree was to issue with liberty to execute, and the respondent was to bear the costs of the application. The prayer for interest (prayer 3) was denied on the ground that interest is the preserve of the court that gave the underlying judgment. The file was marked as closed. The ruling is significant chiefly for the court's refusal to award interest on taxed costs when adopting a certificate of taxation, holding that such interest falls within the competence of the court that rendered the original judgment.

Key legal issues

#
01

Adoption of a certificate of taxation as judgment

Holding

The court adopted the taxed sum of Kshs. 2,831,861.60 as judgment against the respondent and allowed issuance of a decree and execution

Reasoning

The applicant's bill of costs had been taxed and a certificate of costs issued on November 24, 2022. The application was unopposed - the respondent filed a notice of appointment of advocates but no response. The court allowed prayers 2, 4 and 5 as prayed, permitting adoption of the certificate as judgment, issuance of a decree and execution.

p. 2
02

Interest on taxed costs

Holding

The prayer for interest at court rates from the date of the certificate of taxation was denied

Reasoning

The court held that award of interest on the taxed costs is the preserve of the court that gave judgment in the underlying matter, and therefore declined to grant interest from the date of issuance of the certificate of taxation until payment in full.

p. 2

Legal principles established

#
  • A certificate of taxation may be adopted as judgment of the court, entitling the taxing party to a decree and execution
  • Interest on taxed costs from the date of the certificate of taxation is a matter for the court that gave the underlying judgment, not the court adopting the certificate

Court orders

#
  1. 1.The amount of Kshs. 2,831,861.60 certified on the certificate of costs dated November 24, 2022 adopted as judgment against the respondent
  2. 2.A decree to issue in respect of the certificate of costs and the applicant at liberty to execute for recovery of the same
  3. 3.Costs of the application borne by the respondent
  4. 4.The prayer for interest at court rates denied
  5. 5.The file marked as closed
Jurisdiction invoked
Environment and Land Court jurisdiction over the taxed advocate-client costs (certificate of taxation dated November 24, 2022)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Wabwile t/a Wabwile & Co Advocates v Waweru", Case Analysis (2023). Environment and Land Miscellaneous Application E18 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16027/eng@2023-03-02

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