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ELCAllowedNot stated in the judgment· [2024] KEELC 1678 (KLR)

Njenga Mwaura & Co Advocates v Urithi Housing Co-operative Limited (Miscellaneous Application E118 of 2022) [2024] KEELC 1678 (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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The High Court confirmed that a taxed costs certificate is final: once issued and unchallenged, clients owe the certified amount and judgment can be entered against them.

What this practically means

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Executive summary

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This was an Advocate's Notice of Motion dated 22nd January 2024 seeking entry of judgment for the taxed Advocate-Client costs of Kshs 64,496/= pursuant to a certificate of taxation issued on 8th November 2023, supported by an affidavit of Robert Njenga Mwaura sworn on 22nd January 2024 and attaching the certificate of taxation. Although the application was duly served and an affidavit of service filed, the Respondent filed no response. M.D. Mwangi J framed a single issue: whether the court should enter judgment in favour of the Advocate/Applicant as prayed. Relying on section 51(2) of the Advocates Act, the court held that a taxing officer's certificate is final as to the amount of costs covered unless set aside or altered by the Court, and that where the retainer is not disputed the Court may order judgment to be entered for the certified sum. The court applied Lubulellah & Associates Advocates v N. K. Brothers Limited [2015] eKLR, which held that once costs are taxed and a certificate issued with no reference against the ruling and no alteration, the only remaining step is entry of judgment. The court accordingly entered judgment for the Advocate/Applicant against the Respondent for Kshs 64,496/=, with interest at court rates from the date of the ruling until payment in full, and awarded the Advocate the costs of the application. The ruling was delivered virtually at Nairobi on 19th March 2024.

Key legal issues

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01

Whether judgment should be entered for the Advocate on the taxed Advocate-Client costs

Holding

Yes - the certificate of taxation for Kshs 64,496/= was unchallenged and unreferenced, so judgment was entered as prayed with interest and costs.

Reasoning

Section 51(2) of the Advocates Act makes a taxing officer's certificate final unless set aside or altered. The Respondent was duly served but filed no response. Following Lubulellah & Associates Advocates v N.K. Brothers Limited, once costs are taxed and a certificate issued with no reference or alteration, the court's only remaining action is to enter judgment.

p. 2

Legal principles established

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  • 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 may enter judgment for the certified sum.

Court orders

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  1. 1.Judgment entered in favour of the Advocate/Applicant against the Respondent for the sum of Kshs 64,496/= 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 51(2)

Cases cited (1)

  • Lubulellah & Associates Advocates v N. K. Brothers Limited
    [2015] eKLR
Jurisdiction invoked
Section 51(2) of the Advocates Act

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Njenga Mwaura & Co Advocates v Urithi Housing Co-operative Limited (Miscellaneous Application E118 of 2022) [2024] KEELC 1678 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1678/eng@2024-03-19

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