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ELCAllowedMisc Application No E270 of 2022· [2024] KEELC 1680 (KLR)

CM Advocates LLP v Nairobi City County & another (Miscellaneous Application E270 of 2022) [2024] KEELC 1680 (KLR)

High Court of Kenya
19 March 2024
753 words in judgment
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The bottom line

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A Kenyan High Court ordered clients to pay their advocate KES 32.9 million in legal fees plus interest, because a taxed costs certificate is final unless challenged in court.

What this practically means

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Executive summary

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The Advocate/Applicant moved the court by Notice of Motion dated 11th January 2024 seeking entry of judgment for advocate-client costs taxed at Kshs. 32,892,485/= per a certificate of taxation issued on 9th January 2024, together with interest at 14% per annum from 5th February 2022 and costs of the application. The application, supported by an affidavit of Caroline Kendi Kithinji, was served on the Respondents, who filed no response despite an affidavit of service being on record. The court identified a single issue: whether judgment should be entered for the Advocate 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 unless set aside or altered by the court. Applying Lubulellah & Associates Advocates v N. K. Brothers Limited, it held that where costs have been taxed, a certificate issued, and no reference or setting aside has occurred, the only remaining judicial step is entry of judgment. On interest, the court followed the Court of Appeal's decision in Otieno, Ragot & Company Advocates v Kenya Airports Authority, that interest under rule 7 of the Advocates Remuneration Order accrues from expiry of one month from delivery of the bill or fee note. Since the bill was served on 4th January 2022, the 30-day period lapsed on 4th February 2022. Judgment was entered for Kshs. 32,892,485/= with interest at 14% per annum from 5th February 2022 until payment in full, plus costs of the application.

Key legal issues

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01

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

Holding

Yes. The certificate of taxation issued on 9th January 2024 was unrebutted and unaltered; the court entered judgment for the certified sum of Kshs. 32,892,485/=.

Reasoning

Section 51(2) of the Advocates Act renders a taxing officer's certificate final unless set aside or altered. The Respondent was duly served but filed no response, so there was no reference or contestation. Following Lubulellah & Associates Advocates v N. K. Brothers Limited, once costs are taxed and the certificate is not set aside, no further action is required of the court save to enter judgment.

p. 2
02

From what date interest on the taxed costs should run

Holding

Interest at 14% per annum was awarded from 5th February 2022, being 30 days after service of the bill of costs on 4th January 2022, per paragraph 7 of the Advocates Remuneration Order.

Reasoning

Guided by the Court of Appeal decision in Otieno, Ragot & Company Advocates v Kenya Airports Authority, interest under rule 7 of the Advocates Remuneration Order begins to accrue on expiry of one month from delivery of the bill or fee note. As the bill was served on 4th January 2022, the 30 days lapsed on 4th February 2022, and interest was awarded as prayed.

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, and where the retainer is not disputed judgment may be entered for the certified sum.

Court orders

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  1. 1.Judgment entered in favour of the Advocate/Applicant against the Respondents for Kshs. 32,892,485/= with interest at 14% per annum from 5th February 2022 until payment in full
  2. 2.The Advocate/Applicant awarded the costs of the application

Authorities

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Legislation

  • Advocates ActSection 51
  • Advocates Remuneration OrderParagraph 7

Cases cited (2)

  • Lubulellah & Associates Advocates –vs- N. K. Brothers Limited
    [2015] eKLR
  • Otieno, Ragot & Company Advocates Vs Kenya Airports Authority
    (2021) 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, "CM Advocates LLP v Nairobi City County & another (Miscellaneous Application E270 of 2022) [2024] KEELC 1680 (KLR)", Case Analysis (2024). Misc Application No E270 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1680/eng@2024-03-19

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