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ELCAllowedMisc Application No E116 of 2022· [2024] KEELC 1510 (KLR)

Njenga Mwaura & Co. Advocates v Urithi Housing Co-operative Limited (Miscellaneous Application E116 of 2022) [2024] KEELC 1510 (KLR)

High Court of Kenya
19 March 2024
MMM.D. Mwangi
541 words in judgment
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The bottom line

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Kenya's High Court ruled that a client must pay Kshs 1,162,020 in taxed legal fees because an unchallenged certificate of taxation is final.

What this practically means

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Executive summary

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This was a ruling on an Advocate's Notice of Motion dated 22nd January 2024 seeking entry of judgment for taxed advocate-client costs of Kshs 1,162,020/= pursuant to a certificate of taxation issued on 8th November 2023 following taxation of the Advocate-Client bill of costs. The application was supported by an affidavit of Robert Njenga Mwaura sworn on 22nd January 2024, attaching the certificate of taxation. Although duly served, as evidenced by an affidavit of service, the Respondent did not file a response. The court framed a single issue: whether judgment should be entered in favour of the Advocate/Applicant as prayed. Relying on section 51(2) of the Advocates Act, M.D. Mwangi J held that a taxing officer's certificate is final as to the amount of costs covered unless set aside or altered by the court. The court applied Lubulellah & Associates Advocates v N. K. Brothers Limited [2015] eKLR, in which it was observed that where a certificate of costs has been issued and there is no reference against the taxing master's ruling, or the determination has not been set aside or altered, no further action is required of the court save to enter judgment. Judgment was accordingly entered for the Advocate/Applicant against the Respondent for Kshs 1,162,020/=, with interest at court rates from the date of the ruling until payment in full, and the Advocate/Applicant was awarded the costs of the application.

Key legal issues

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Whether judgment should be entered for the taxed advocate-client costs

Holding

Judgment was entered for Kshs 1,162,020/= with interest, the certificate of taxation being final and unchallenged.

Reasoning

Section 51(2) of the Advocates Act makes the taxing officer's certificate final unless set aside or altered. The applicant attached a certificate of taxation for Kshs 1,162,020/= dated 8th November 2023. The application was duly served but the Respondent filed no response and did not dispute the retainer or the taxation. The court, relying on Lubulellah & Associates Advocates v N. K. Brothers Limited, held that no further action was required save to enter judgment, with interest from the date of the ruling and costs of the application.

p. 2

Legal principles established

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  • A certificate of taxation is final as to the amount of costs covered by it unless set aside or altered by the court.
  • Where a certificate of costs has been issued and is not set aside or altered and no reference is pending, the court need only enter judgment.

Court orders

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  1. 1.Judgment entered in favour of the Advocate/Applicant against the Respondent for Kshs 1,162,020/= with interest at court rates from the date of the ruling until payment in full
  2. 2.The Advocate/Applicant awarded the costs of the application

Authorities

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Legislation

  • Advocates ActSection 51(1) and (2)

Cases cited (1)

  • Lubulellah & Associates Advocates v N. K. Brothers Limited
    [2015] eKLR
Jurisdiction invoked
Section 51 of the Advocates Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Njenga Mwaura & Co. Advocates v Urithi Housing Co-operative Limited (Miscellaneous Application E116 of 2022) [2024] KEELC 1510 (KLR)", Case Analysis (2024). Misc Application No E116 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1510/eng@2024-03-19

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