Njenga Mwaura & Co Advocates v Urithi Housing Co-operative Limited (Miscellaneous Application E117 of 2022) [2024] KEELC 1679 (KLR)
The bottom line
#The High Court confirmed that once legal fees are taxed and a certificate issued, clients who don't challenge it can face immediate judgment.
What this practically means
#Executive summary
#Key legal issues
#Whether judgment should be entered for the taxed advocate-client costs
Yes - the certificate of taxation was unchallenged and unaltered, so judgment was entered for the certified sum with interest.
The court relied on section 51(2) of the Advocates Act, which makes a taxing officer's certificate final unless set aside or altered. The respondent was duly served but filed no response and did not dispute the retainer or the taxed sum. Applying Lubulellah & Associates Advocates v N. K. Brothers Limited, no further action was required beyond entering judgment for the certified amount, with interest and costs of the application.
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 may enter judgment for the certified sum.
- Where a certificate of costs has been issued and there is no reference against the taxing master's ruling, the court need only enter judgment.
Court orders
#- 1.Judgment entered in favour of the Advocate/Applicant against the Respondent for Kshs. 117,377.20/= 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
- 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 E117 of 2022) [2024] KEELC 1679 (KLR)", Case Analysis (2024). Misc Application No E117 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1679/eng@2024-03-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.