Prof. Tom Ojienda, SC (Advocate) v Nairobi City County (Client)
The bottom line
#A Kenyan court turned an advocate's uncontested taxation certificate into a money judgment for Ksh 708,441, but refused to add interest.
What this practically means
#Executive summary
#Key legal issues
#Whether judgment should be entered under Section 51(2) of the Advocates Act on the certificate of taxation
Yes; the requirements were satisfied as the certificate of taxation and taxing master's ruling were uncontroverted
The court applied Section 51(2) of the Advocates Act, noting the bill was taxed at Kshs 708,441, a certificate of taxation was issued on 17th November 2023, and neither the certificate nor the taxing master's ruling had been set aside or altered. There was no objection to the application and the Respondent, served and aware of the bill, did not attend or dispute the amount. Judgment was therefore entered, though interest was refused as a matter of discretion.
Legal principles established
#- Where a certificate of taxation has not been set aside or altered, the court may enter judgment for the taxed amount under Section 51(2) of the Advocates Act
Court orders
#- 1.Judgment entered in favour of the Applicant against the Respondent for Ksh 708,441 as per the Certificate of Taxation dated 17th November 2023
- 2.The claim of interest is 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). Notice of Motion dated 5th December 2023 (arising from ELC No. 17 of 2015, Airport View Housing Ltd v Nairobi City County). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3513/eng@2024-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.