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ELCAllowedNot stated in the judgment· [2024] KEELC 4943 (KLR)

Anyumba & Associates Advocates v Sagwa (Environment and Land Miscellaneous Application E004 of 2022) [2024] KEELC 4943 (KLR)

Environment and Land Court (or High Court) at Vihiga
13 June 2024
EAE. Asati
399 words in judgment
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The bottom line

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A Kenyan court converted an advocate's taxed legal fees of Kshs 156,375 into a judgment debt because the client never challenged the taxation.

What this practically means

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Executive summary

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This ruling by E. Asati, Judge, at Vihiga determined prayer 2 of a Notice of Motion dated 20th June 2022 brought under Rule 13(1), (2) and (3) of the Advocates Remuneration Order and Order 51 Rule 1 of the Civil Procedure Rules 2010. The applicant advocate had represented the respondent in Hamisi PM ELC Case No. 14 of 2021 until instructed to cease acting; the parties could not agree on fees. The Deputy Registrar, by ruling delivered on 21/02/2024, taxed the applicant's Bill of Costs dated 16/6/2022 at Kshs 156,375/=. The applicant sought judgment in terms of the certificate of costs and issuance of a decree, plus costs. The respondent opposed via a Replying Affidavit sworn on 20th February 2023, arguing that he had been represented only up to the hearing stage at Hamisi, that the case had not been heard and finalized, and that it was improper to claim unearned fees. Relying on section 51(2) of the Advocates Act, the court held that taxation having taken place and not having been challenged, the application was merited. It directed the Deputy Registrar to draw the certificate of taxation for Kshs 156,375/= and entered judgment in terms thereof in favour of the applicant. It made no order as to costs. Written submissions dated 3rd July 2023 were considered.

Key legal issues

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01

Whether judgment should be entered in terms of the certificate of costs following taxation

Holding

The court held that since taxation had taken place and had not been challenged, the application under section 51(2) of the Advocates Act was merited and judgment was entered for the taxed sum

Reasoning

The applicant's Bill of Costs dated 16/6/2022 had been taxed by the Deputy Registrar on 21/02/2024 at Kshs 156,375/=. The respondent did not challenge the taxation. Section 51(2) of the Advocates Act empowers the court to enter judgment for the sum certified to be due. The respondent's complaint that the advocate had not earned the fees went to the taxation stage, which was not impugned, so the court entered judgment in terms of the certificate.

p. 2

Legal principles established

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  • Section 51(2) of the Advocates Act empowers the court to make an order that judgment be entered for the sum certified to be due, with costs
  • Once taxation has taken place and is not challenged, judgment may be entered in terms of the certificate of costs

Court orders

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  1. 1.The Deputy Registrar directed to draw the certificate of taxation/costs for the taxed amount of Kshs 156,375/=
  2. 2.Judgment entered in terms of the certificate of taxation in favour of the applicant
  3. 3.No order as to costs

Authorities

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Legislation

  • Advocates Remuneration OrderRule 13(1), (2) and (3)
  • Civil Procedure Rules 2010Order 51 Rule 1
  • Advocates ActSection 51(2)
Jurisdiction invoked
Rule 13(1), (2) and (3) of the Advocates Remuneration Order; Order 51 Rule 1 of the Civil Procedure Rules 2010; 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, "Anyumba & Associates Advocates v Sagwa (Environment and Land Miscellaneous Application E004 of 2022) [2024] KEELC 4943 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/4943/eng@2024-06-13

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