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ELCPartially AllowedNot stated in judgment (Notice of Motion dated 5th December 2023)· [2024] KEELC 3511 (KLR)

Prof. Tom Ojienda, SC (Advocate) v Nairobi City County (Client)

Environment and Land Court
30 April 2024
1,031 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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By a Notice of Motion dated 5th December 2023 brought under section 51(2) of the Advocates Act, Prof. Tom Ojienda, SC sought entry of judgment against the Nairobi City County for Kshs 409,486.38 as per a Certificate of Taxation dated 17th November 2023, together with interest from 18th August 2020, leave to execute, and costs. The fees arose from an advocate-client bill originally claiming Kshs 26,720,973.50 in ELC Case No 292 of 2011 (Michael Abuonji v City Council of Nairobi and Francis Gichumo); following a taxing officer's ruling of 18th March 2021, the bill was taxed down to Kshs 409,486.38. The application was canvassed by written submissions. The Applicant relied on Gichuki Kingar'a v Mugoya Construction, A.M. Kimani v Kenindia Assurance and Lubulellah & Associates to show the section 51(2) requirements were met, and on Makhecha v Central Bank of Kenya and Republic v Rosemary Wairimu Munene on costs and interest. The Respondent did not participate or object, and did not show the certificate had been set aside or altered. The court, E. K. Wabwoto J, framed one issue: whether the application for entry of judgment was merited. Finding the certificate of taxation and the Taxing Master's ruling undisputed, the court entered judgment for the certified sum of Kshs 409,486.38 but declined the claim for interest and ordered each party to bear its own costs of the application. A further affidavit filed without leave was not considered. The application was thus partially allowed.

Key legal issues

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01

Whether judgment on a taxed advocate-client bill should be entered under section 51(2) of the Advocates Act

Holding

Judgment entered for the certified sum of Kshs 409,486.38 as the certificate of taxation had not been set aside or altered

Reasoning

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.

p. 3
02

Whether interest should be awarded on the taxed amount

Holding

Claim for interest declined despite judgment being entered

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 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. 2.Claim for interest declined
  3. 3.Each party to bear its own costs of the application

Authorities

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Legislation

  • Advocates ActSection 51(2)

Cases cited (5)

  • Gichuki Kingar’a & Company Advocates v Mugoya Construction & Engineering Limited
    [2015] eKLR
  • A.M. Kimani & Company Advocates v Kenindia Assurance Company Ltd
    (2006) eKLR
  • Lubulellah & Associates Advocates v N. K. Brothers Limited
    [2014] eKLR
  • Makhecha and Company Advocates v Central Bank of Kenya
    [2020] eKLR
  • Republic v Rosemary Wairimu Munene v Ihururu Dairy Farmers Co-operative Society Ltd
    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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Cite this brief

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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.