Njeru, Nyaga & Co Advocates v Thome Residents Welfare Association (Environment & Land Case E056 of 2021) [2024] KEELC 5237 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Entry of judgment on a certificate of taxation under section 51(2) of the Advocates Act
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.
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.
Effect of the Respondent's Notice of Appeal against Justice Wabwoto's ruling
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.
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.
Entitlement to and commencement date of 14% interest
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.
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.
Legal principles established
#- 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
#- 1.Judgment entered in favour of the Applicant for Kshs.448,760.50 being certified costs due
- 2.Interest on the certified costs at 14% per annum from 1st January 2022 until payment in full
- 3.Costs of the application awarded to the Applicant
- Jurisdiction invoked
- Section 51(2) of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.