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Case Brief · caselaw.co.ke
ELCPartially AllowedNot stated in judgment· [2024] KEELC 3952 (KLR)

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

Environment and Land Court
30 April 2024
1,105 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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This was a Notice of Motion dated 5th December 2023 brought by Prof. Tom Ojienda, SC, the Applicant Advocate, under Section 51(2) of the Advocates Act, seeking entry of judgment against the Respondent, Nairobi City County, for Ksh 716,758.20 as per a Certificate of Taxation dated 17th November 2023, together with interest from 15th July 2021 and costs of the application. The fees arose from the Advocate's representation of the County in ELC No. 156 of 2015 (Vinemag Enterprises vs Airport View Housing Ltd & others); the advocate-client bill of costs filed on 6th July 2021 seeking Ksh 8,912,679.40 was taxed at Ksh 716,758.20 pursuant to a ruling delivered on 9th December 2021. The County was served, entered appearance through Rene & Hans LLP Advocates, and did not dispute the certificate. The Applicant relied on Gichuki Kingar'a, A.M. Kimani, Lubulellah & Associates, Makhecha and Rosemary Wairimu Munene to establish that an unaltered certificate of taxation is final as to the amounts of costs. The court framed one issue: whether the application was merited. Relying on Section 51(2), the court found the Respondent properly served and not having disputed the certificate, and entered judgment for the certified sum. However, the court declined the claim for interest and ordered each party to bear its own costs. A further affidavit filed without leave was disregarded.

Key legal issues

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01

Whether judgment should be entered against the Respondent under Section 51(2) of the Advocates Act on a Certificate of Taxation that has not been set aside or altered

Holding

Judgment was entered for the certified sum of Ksh 716,758.20 because the Respondent was served and did not dispute the Certificate of Taxation dated 17th November 2023.

Reasoning

The court reviewed the Taxing Master's ruling, noted that both parties had put in submissions that were considered, and found the Respondent was properly served with the certificate of taxation and the ruling. Having not disputed the certificate, there was no basis to refuse entry of judgment under Section 51(2), which renders an unaltered certificate final as to the amount of costs.

p. 3
02

Whether interest should be awarded from the date of filing the application

Holding

Interest was declined as a matter of judicial discretion, with the court emphasising expeditious conclusion of long-running litigation.

Reasoning

The court observed that costs and interest are reserved for judicial discretion. Considering that the underlying matter dates from 2015 and the need for expeditious dispensation of justice and an end to litigation, the court exercised its discretion against awarding interest on the certified sum.

p. 3

Legal principles established

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  • Under Section 51(2) of the Advocates Act, a certificate of taxation is final as to the amount of costs unless set aside or altered by the court, and judgment may be entered for the certified sum where the retainer is not disputed.

Court orders

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  1. 1.Judgment entered in favour of the Applicant against the Respondent for Ksh 716,758.20 as per the Certificate of Taxation dated 17th November 2023
  2. 2.The claim of interest is 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 vs Mugoya Construction & Engineering Limited
    [2015] eKLR
  • A.M. Kimani & Company Advocates vs Kenindia Assurance Company Ltd
    (2006) eKLR
  • Lubulellah & Associates Advocates v N K Brothers Limited
    [2014] eKLR
  • Makhecha and Company Advocates vs Central Bank of Kenya
    [2020] eKLR
  • Republic v Rosemary Wairimu Munene vs Ihururu Dairy Farmers Co-operative Society Ltd
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) vs Nairobi City County (Client)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3952/eng@2024-04-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.