Prof. Tom Ojienda, SC (Advocate) v Nairobi City County (Client)
The bottom line
#A Kenyan court turned an advocate's tax certificate into judgment against Nairobi City County for Kshs 409,486.38, but refused interest and execution.
What this practically means
#Executive summary
#Key legal issues
#Whether judgment on a taxed advocate-client bill should be entered under section 51(2) of the Advocates Act
Judgment entered for the certified sum of Kshs 409,486.38 as the certificate of taxation had not been set aside or altered
The court reviewed the Taxing Master's ruling and found the certificate of taxation dated 17th November 2023 undisputed and unaltered. Section 51(2) permits entry of judgment for the sum certified where the certificate has not been set aside or altered. The Respondent filed no objection and provided no proof that the certificate had been set aside, so judgment followed as a matter of course.
Whether interest should be awarded on the taxed amount
Claim for interest declined despite judgment being entered
Although the Applicant sought interest from 18th August 2020, the court in its discretion declined interest when entering judgment, granting only the certified sum and ordering each party to bear its own costs of the application.
Legal principles established
#- A certificate of taxation not set aside or altered by the court is final as to the amount of costs, and judgment may be entered on it under section 51(2) of the Advocates Act
Court orders
#- 1.Judgment entered in favour of the Applicant against the Respondent for Kshs 409,486.38 as per the Certificate of Taxation dated 17th November 2023
- 2.Claim for interest declined
- 3.Each party to bear its own costs of the application
- Jurisdiction invoked
- Section 51(2) of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Prof. Tom Ojienda, SC (Advocate) v Nairobi City County (Client)", Case Analysis (2024). Not stated in judgment (Notice of Motion dated 5th December 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3511/eng@2024-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.