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ELCPartially Allowed· [2024] KEELC 5237 (KLR)

Njeru, Nyaga & Co Advocates v Thome Residents Welfare Association (Environment & Land Case E056 of 2021) [2024] KEELC 5237 (KLR)

High Court of Kenya
4 July 2024
825 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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Kenya's High Court confirmed clients can't delay paying taxed legal fees by appealing unrelated rulings—advocates got judgment plus 14% interest.

What this practically means

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Executive summary

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The Applicant advocate filed a notice of motion dated 11th November 2022 seeking judgment against the Respondent for Kshs.448,760.50, being costs certified due following taxation of the Applicant's Bill of Costs dated 8th March 2021 by Hon. I.N Barasa (DR) on 1st December 2021, with a Certificate of Taxation issued on 28th February 2022. The Applicant also sought interest at 14% per annum from 1st December 2021 until payment in full. The Respondent opposed the motion through an affidavit sworn by Laurel Mitchelle on 12th April 2024, arguing that a Notice of Appeal dated 20th February 2024 had been filed in the Court of Appeal against a ruling by Justice E.K Wabwoto delivered on 18th January 2024, so the Applicant should await the outcome of that appeal. No submissions were filed. The court held that the 1st December 2021 ruling was made by the Deputy Registrar sitting as a Taxing Officer, not as a judge, and that the Respondent's appeal was against a different ruling by Justice Wabwoto. Relying on section 51(2) of the Advocates Act and the decision in Lesinko Njororge & Gathogo Advocates v Invesco Assurance Co. Ltd, the court found that where a certificate of taxation has not been set aside or altered and there is no reference or dispute on retainer, the court need only enter judgment. On interest, applying Rule 7 of the Advocates Remuneration Order, the court held that the 14% interest runs from one month after taxation, i.e. 1st January 2022, rather than 1st December 2021 as sought. Judgment was entered for the Applicant for Kshs.448,760.50 with 14% interest from 1st January 2022 until payment in full, plus costs of the application. Delivered at Nairobi on 4th July 2024 by A. Omollo, Judge.

Key legal issues

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01

Entry of judgment on a certificate of taxation under section 51(2) of the Advocates Act

Holding

The certificate of the taxing officer is final as to the amount of costs unless set aside or altered by the court; the court may enter judgment for the certified sum where retainer is not disputed.

Reasoning

The court construed section 51(2) of the Advocates Act, holding that once costs are taxed and certified and no reference has been filed or the certificate set aside or altered, no further action is required of the court save to enter judgment. The certificate issued on 28th February 2022 had not been set aside or varied, so the motion had to be granted despite the Respondent's pending appeal against an unrelated ruling.

p. 2
02

Effect of the Respondent's Notice of Appeal against Justice Wabwoto's ruling

Holding

The appeal was against a different ruling by a judge, not against the Deputy Registrar's decision as Taxing Officer, and did not impede entry of judgment on the taxed costs.

Reasoning

The court distinguished between the taxation ruling of 1st December 2021 by Deputy Registrar Hon. I.N Barasa sitting as Taxing Officer and the ruling of 18th January 2024 by Justice E.K Wabwoto, against which the Respondent filed a Notice of Appeal. Since the Notice of Appeal did not challenge the certificate of taxation itself, it did not constitute a reference or appeal against the taxed costs, and judgment could still be entered.

p. 2
03

Entitlement to and commencement date of 14% interest

Holding

Interest at 14% per annum was awarded but commences one month after taxation, i.e. from 1st January 2022, not from 1st December 2021 as sought.

Reasoning

Applying Rule 7 of the Advocates Remuneration Order, an advocate may charge interest at 14% per annum on disbursements and costs from the expiration of one month from delivery of the bill to the client, provided the claim for interest is raised before payment. As the bill was taxed on 1st December 2021, interest properly runs from 1st January 2022.

p. 2

Legal principles established

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  • Once costs have been taxed and a Certificate of Costs issued which has not been set aside or altered, and there is no reference or dispute on retainer, the court's only remaining function is to enter judgment for the certified sum.

Court orders

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  1. 1.Judgment entered in favour of the Applicant for Kshs.448,760.50 being certified costs due
  2. 2.Interest on the certified costs at 14% per annum from 1st January 2022 until payment in full
  3. 3.Costs of the application awarded to the Applicant

Authorities

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Legislation

  • Advocates ActSection 51(2)
  • Advocates Remuneration OrderRule 7

Cases cited (1)

  • Lesinko Njororge & Gathogo Advocates v Invesco Assurance Co. Ltd
    [2021] eKLR
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, "Njeru, Nyaga & Co Advocates v Thome Residents Welfare Association (Environment & Land Case E056 of 2021) [2024] KEELC 5237 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5237/eng@2024-07-04

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