Joseph Mwirigi Kaburu t/a Mwirigi Kaburu & Co. Advocates v County Government of Meru (Environment & Land Miscellaneous Case 19 of 2023) [2024] KEELC 6886 (KLR)
The bottom line
#A Kenyan court converted a law firm's taxed fee certificate into a judgment for Kshs 939,600, plus 14% yearly interest, because the client never objected.
What this practically means
#Executive summary
#Key legal issues
#Adoption of the certificate of costs as judgment
Judgment was entered for the certified sum of Kshs 939,600/= as the respondent neither filed a reference nor disputed the retainer.
Section 51(2) of the Advocates Act makes a certificate of taxation final unless set aside or altered. The applicant demonstrated compliance with the procedural requirements through annexures including the bill of costs, objection, taxing master's ruling and certificate of costs. No reference under paragraph 11 of the Advocates Remuneration Order was filed, and retainer was undisputed, so judgment on the certificate was proper.
Entitlement to interest at 14% per annum
Interest at 14% per annum was awarded with effect from 31.7.2024 until payment in full.
Paragraph 7 of the Advocates Remuneration Order permits an advocate to charge interest at 14% on disbursements and costs from the expiration of one month from delivery of the bill. Supported by Otieno Ragot & Co. Advocates v National Bank of Kenya, the court found the rate applicable and awarded it from the date of filing the application as sought.
Legal principles established
#- A certificate of the taxing officer is final as to the amount of costs covered thereby unless set aside or altered by the court, and where retainer is not disputed judgment may be entered for the certified sum.
- An advocate may charge interest at 14% on disbursements and costs from the expiration of one month from delivery of the bill to the client.
Court orders
#- 1.Judgment entered against the respondent in favour of the applicant for Kshs 939,600/= with interest at 14% per annum with effect from 31.7.2024 until payment in full
- Jurisdiction invoked
- Section 51(2) of the Advocates Act and Paragraph 7 of the Advocates Remuneration Order 2014
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joseph Mwirigi Kaburu t/a Mwirigi Kaburu & Co. Advocates v County Government of Meru (Environment & Land Miscellaneous Case 19 of 2023) [2024] KEELC 6886 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6886/eng@2024-10-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.