Prof. Tom Ojienda, SC (Advocate) vs Nairobi City County (Client)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#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
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.
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.
Whether interest should be awarded from the date of filing the application
Interest was declined as a matter of judicial discretion, with the court emphasising expeditious conclusion of long-running litigation.
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.
Legal principles established
#- 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
#- 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.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) 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.