Prof. Tom Ojienda, SC (Advocate) v Nairobi City County (Client)
The bottom line
#The court ordered Nairobi City County to pay Prof. Ojienda's taxed legal fees of Kshs. 590,249.76, but refused his claim for interest.
What this practically means
#Executive summary
#Key legal issues
#Whether judgment may be entered on a certificate of taxation under Section 51(2) of the Advocates Act
Judgment was entered for the certified sum of Kshs. 590,249.76/= because the certificate and the Taxing Master's ruling were undisputed and had not been set aside or altered.
The court applied Section 51(2), noting the certificate of taxation dated 17th November 2023 and the Taxing Master's ruling of 1st December 2021 had not been disputed or set aside, and there was no objection to the application. The retainer was not in dispute, satisfying the conditions for entry of judgment as emphasised in the authorities relied on by the Applicant.
Whether interest should be awarded from the date of filing the bill of costs
The claim for interest was declined, the court exercising its discretion on costs in the interest of ending litigation stemming from a 2011 matter.
The court held costs and interest are matters of judicial discretion. Considering the matter originated in 2011 and the need for litigation to come to an end, the judge declined interest even though the Applicant sought it from 5th May 2021. This was a discretionary exercise, not a statement of general principle.
Legal principles established
#- Under Section 51(2) of the Advocates Act, a certificate of taxation not set aside or altered is final as to the amount of costs, and where the retainer is not disputed the court may enter judgment for the certified sum.
Court orders
#- 1.Judgment entered in favour of the Applicant against the Respondent for Kshs. 590,249.76/= as per the Certificate of Taxation dated 17th November 2023.
- 2.The claim for 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). ELC Misc Case No. E091 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3951/eng@2024-04-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.