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ELCAllowedNot stated in judgment· [2024] KEELC 7326 (KLR)

Kaburu t/a Mwirigi Kaburu & Co Advocates v County Government of Meru (Environment and Land Miscellaneous Application E015 of 2023) [2024] KEELC 7326 (KLR)

Environment and Land Court
23 October 2024
559 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court confirmed advocates can convert an unchallenged certificate of taxation into a judgment, plus 14% annual interest.

What this practically means

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Executive summary

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By a notice of motion dated 12.7.2024, an advocate sought judgment for Kshs.625,472/= based on a certificate of taxation dated 21.6.2024, with interest. The application was anchored on Section 51(2) of the Advocates Act and Rule 11 of the Advocates Remuneration Order (2014), which permit entry of judgment where a certificate of costs is unchallenged by reference or appeal and the retainer is not disputed. The applicant swore that his bill of costs dated 12.10.2023 was served, taxation was completed by a ruling of 25.4.2024, the certificate issued on 21.6.2024 and served, with annexures received by the respondent on 16.11.2023 and 28.6.2024. The respondent, though served, filed no response. Citing Gichuki Kingara, Macharia Njeru, Kagwimi Kang'ethe and Kunjuga, the applicant submitted the three conditions were met. The court, Nzili J, examined the record and found no pending reference or appeal and no dispute on the retainer, so the certificate was conclusive as to the amount under Rule 11. The court applied Owino Okeyo, holding that Section 51(2) allows judgment for taxed costs where the client has not disputed the retainer. On interest, Rule 7 permits 14% per annum on costs after one month from delivery of the bill; the bill having been received by the respondent on 16.11.2023, interest ran from that date. The court entered judgment for Kshs.625,472/= with interest at 14% per annum from 16.11.2023 until payment in full, with costs of the suit to the applicant, and ordered accordingly on 23 October 2024 at Meru.

Key legal issues

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01

Entry of judgment on a certificate of taxation

Holding

Judgment for the taxed costs may be entered where no reference or appeal is pending and the retainer is not disputed.

Reasoning

Section 51(2) of the Advocates Act allows judgment where a certificate of costs is unchallenged and the retainer is undisputed. The record showed no reference or appeal pending and no dispute on the retainer, the certificate having been served on the respondent who did not respond to the application.

p. 2
02

Interest on taxed costs

Holding

Interest at 14% per annum runs from one month after delivery of the bill; here from 16.11.2023 when the respondent received the bill.

Reasoning

Rule 7 of the Remuneration Order permits interest at 14% on costs after one month from delivery of the bill. The bill dated 12.10.2023 was received by the respondent on 16.11.2023, so interest ran from that date.

p. 2

Legal principles established

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  • A certificate of taxation not set aside or altered and with no dispute on the retainer is conclusive, permitting entry of judgment under Section 51(2) of the Advocates Act.
  • Rule 7 of the Remuneration Order permits an advocate to charge interest at 14% on costs after one month from delivery of the bill to the client.

Court orders

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  1. 1.Judgment entered for the applicant against the respondent for Kshs.625,472/= with interest at 14% per annum from 16.11.2023 until payment in full
  2. 2.Costs of the suit to the applicant

Authorities

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Legislation

  • Advocates ActSection 51(2)
  • Advocates Remuneration OrderRule 11
  • Advocates Remuneration OrderRule 7

Cases cited (7)

  • Gichuki Kingara & Co. Advocates vs Mugoya Construction and Engineering Co. Ltd
    (2015) eKLR
  • Macharia Njeru Advocates vs Communications Commission of Kenya
    HCC No. 1029/2002
  • Kagwimi Kang'ethe & Co. Advocates vs Penelope Combos & another
    (2014) eKLR
  • Kunjuga vs Kangaru
    MSC Application E011 of 2022 (2023) KEELC 246 (KLR) (26th January 2023) (Ruling)
  • Owino Okeyo & Co. Advocates vs Fuelex (K) Ltd
    (2005) eKLR
  • P. I Samba & Co. Advocates vs Buzeki Enterprises Ltd
    (2022) eKLR
  • Otieno Ragot & Co. Advocates vs Kenya Ports Authority
    (2021) eKLR
Jurisdiction invoked
Section 51(2) of the Advocates Act and Rule 11 of the Advocates Remuneration Order (2014)

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, "Kaburu t/a Mwirigi Kaburu & Co Advocates v County Government of Meru (Environment and Land Miscellaneous Application E015 of 2023) [2024] KEELC 7326 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/7326/eng@2024-10-23

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