Njenga Mwaura & Co. Advocates v Urithi Housing Co-operative Limited (Miscellaneous Application E115 of 2022) [2024] KEELC 1509 (KLR)
The bottom line
#A Kenyan High Court confirmed that once legal fees are taxed and certified, clients who don't respond face automatic judgment plus interest.
What this practically means
#Executive summary
#Key legal issues
#Whether judgment should be entered for the Advocate on the taxed Advocate-Client bill of costs
Yes. The certificate of taxation dated 8th November 2023 was not set aside or altered, so the court entered judgment for the certified sum of Kshs. 175,125.02/= with interest.
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. The Respondent was served with the application but filed no response, so the retainer and the certified amount stood undisputed. Following Lubulellah & Associates Advocates v N. K. Brothers Limited, once costs have been taxed and the certificate issued without a reference or alteration, the only remaining judicial act is entry of judgment.
Legal principles established
#- A certificate of taxation is final as to the amount of costs covered unless set aside or altered by the court, and where the retainer is not disputed the court should enter judgment for the certified sum.
- Where a certificate of costs has been issued and is not the subject of a reference or has not been set aside or altered, the court's only remaining action is to enter judgment.
Court orders
#- 1.Judgment entered in favour of the Advocate/Applicant against the Respondent for Kshs. 175,125.02/= with interest at court rates from the date of the ruling until payment in full
- 2.The Advocate/Applicant awarded the costs of the application as prayed
- Jurisdiction invoked
- Section 51 of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njenga Mwaura & Co. Advocates v Urithi Housing Co-operative Limited (Miscellaneous Application E115 of 2022) [2024] KEELC 1509 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1509/eng@2024-03-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.