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ELCPartially AllowedELC Misc Case No. E091 of 2021· Ruling, Nairobi ELC Misc Case No. E091 of 2021

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

Environment and Land Court
30 April 2024
1,080 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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By a Notice of Motion dated 5th December 2023 under Section 51(2) of the Advocates Act, Prof. Tom Ojienda, SC, Advocate for Nairobi City County in ELC No. 685 of 2011 (Beatrice Muchui & 2 others v Hutchison Reriani & others), sought entry of judgment for Kshs. 590,249.76/= as per a Certificate of Taxation dated 17th November 2023, with interest from 5th May 2021, and leave to execute against the County. The bill of costs, filed on 27th April 2021, had been taxed at Kshs. 590,249.76/= by a ruling of 1st December 2021; the Respondent, represented by Rene & Hans LLP, was served but did not respond to the application. Counsel relied on Gichuki Kingar'a, A.M. Kimani and Lubulellah & Associates authorities on the finality of unaltered certificates of taxation. The court framed a single issue: whether the application was merited. Applying Section 51(2), Justice E. K. Wabwoto found the certificate of taxation and Taxing Master's ruling undisputed and unaltered, and entered judgment for the certified sum. However, the court declined the claim for interest and ordered each party to bear its own costs, citing the need to end litigation arising from a 2011 matter. The further affidavit filed without leave was disregarded. The application thus succeeded only in part.

Key legal issues

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01

Whether judgment may be entered on a certificate of taxation under Section 51(2) of the Advocates Act

Holding

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.

Reasoning

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.

p. 3
02

Whether interest should be awarded from the date of filing the bill of costs

Holding

The claim for interest was declined, the court exercising its discretion on costs in the interest of ending litigation stemming from a 2011 matter.

Reasoning

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.

p. 3

Legal principles established

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  • 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

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  1. 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. 2.The claim for interest is declined.
  3. 3.Each party to bear its own costs of the application.
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). 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.