Muregi Okere Advocates v Ikumu
The bottom line
#A Mombasa court converted a lawyer's taxed fee certificate into a judgment of Kshs.947,575 plus 14% interest because the client never formally challenged the taxation.
What this practically means
#Executive summary
#Key legal issues
#Whether judgment may be entered on a Certificate of Costs under section 51(2) of the Advocates Act
Yes - where costs have been taxed and certified, the certificate has not been set aside, stayed or appealed against, and retainer is not disputed, judgment is ordinarily entered for the certified sum.
The court set out the three conditions for entry of judgment on a taxed certificate: certification by the taxing master, no setting aside/stay/reference, and no dispute on retainer. The Respondent never attended the taxation, never objected to the retainer, and admitted in her replying affidavit to paying an agreed sum, thereby acknowledging the retainer. No reference under Rule 11 was shown to have been filed.
Whether the retainer was disputed
The retainer was not disputed; the Respondent only disputed the scope of instructions and claimed agreed fees were paid in full.
The Respondent did not attend the taxation or protest the retainer; her submissions addressed the scope of instructions and asserted an agreed fee which she paid, which presupposes a retainer. Her replying affidavit described discussions and payments towards fees, confirming the advocate-client relationship rather than denying it.
Entitlement to and commencement date of interest at 14%
Interest at 14% per annum awarded under rule 7 of the Advocates (Remuneration) Order, running from 7th March 2022 rather than the 20th September 2022 sought.
Rule 7 permits 14% interest from expiry of one month from delivery of the bill where interest is claimed before payment. The court considered the Respondent's knowledge of the certified costs and the absence of delay by the Applicant, and awarded interest from 7th March 2022, though the certificate was issued on 7th March 2023.
Procedure for challenging a Taxing Master's decision
Objections lie under Rule 11 of the Advocates Remuneration Order by notice within 14 days and a chamber summons to a judge within 14 days of receiving reasons; no such reference was filed here.
The court recited Rule 11 and the principles from First American Bank and Joreth Ltd on when a Taxing Master's discretion may be interfered with. Since no reference was brought against the taxation, the certificate stood unchallenged and unaltered, satisfying the conditions for entry of judgment.
Legal principles established
#- Where a retainer is not disputed and the Certificate of Costs has not been set aside or altered, the court may enter judgment for the sum certified under section 51(2) of the Advocates Act.
- An advocate may charge interest at 14% per annum on costs from the expiry of one month from delivery of the bill, where the claim for interest is raised before payment in full.
Court orders
#- 1.Judgment entered for the Advocate in terms of the Certificate of Costs dated 9th December 2022 and issued on 7th March 2023 (Kshs.947,575/-)
- 2.Interest awarded at 14% per annum from 7th March 2022 pursuant to rule 7 of the Advocates (Remuneration) Order
- 3.No order as to costs
- Jurisdiction invoked
- Section 51(2) of the Advocates Act, Cap 16, and paragraphs 4 and 7 of the Advocates Remuneration (Amendment) Order 2014
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muregi Okere Advocates v Ikumu", Case Analysis (2023). Environment and Land Miscellaneous Application E036 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20960/eng@2023-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.