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ELCStruck OutEnvironment and Land Appeal 43 of 2020· [2023] KEELC 20721 (KLR)
Muiruri v Mwaniki (As the Representative of Mwaniki Gikunga - Deceased)
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·~1 min to read original · ~4 min briefThe bottom line
#A Kenyan court confirmed that once costs are taxed, you can enforce them directly using the certificate of taxation—no extra judgment needed.
What this practically means
#Executive summary
#This ruling by the Environment and Land Court at Thika (B M Eboso, J) determined an application dated September 18, 2023 in which the respondent, Stanley Kinyanjui Mwaniki, as representative of the deceased Mwaniki Gikunga, sought entry of judgment in terms of costs taxed on a party and party bill of costs in Environment and Land Appeal 43 of 2020. The court reviewed the taxing officer's ruling and the certificate of taxation and held that the application was unnecessary. It reasoned that entry of judgment after taxation is a requirement that applies only where it is needed to convert an award into an enforceable judgment, but in the case of party and party costs no such step is required: there is already a judgment in the suit, and once costs have been taxed the taxing officer's certificate itself entitles the successful party to execute the decree. The respondent therefore did not require another judgment. Accordingly, the court found the application misconceived and struck it out. The ruling was delivered virtually at Thika on October 16, 2023, with the appellant appearing in person and the respondent represented by Mr Mumo. No costs order was recorded in the ruling, and no authorities or statutory provisions were cited.
Key legal issues
#01
Whether entry of judgment is necessary after taxation of a party and party bill of costs
Holding
It is not; the taxing officer's certificate suffices for execution
Reasoning
The court examined the taxing officer's ruling and certificate of taxation, noting the bill was a party and party bill. Party and party costs are payable as of right once taxed, so no fresh judgment is needed; the existing judgment in the suit stands and the certificate of taxation enables execution directly.
Legal principles established
#- Entry of judgment is not required after taxation of a party and party bill of costs; the decree may be executed on the certificate of taxation
Court orders
#- 1.The application dated September 18, 2023 is struck out for being misconceived
- Jurisdiction invoked
- Environment and Land Court Act jurisdiction over Environment and Land Appeal 43 of 2020
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muiruri v Mwaniki (As the Representative of Mwaniki Gikunga - Deceased)", Case Analysis (2023). Environment and Land Appeal 43 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20721/eng@2023-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.