Kaburu t/a Mwirigi Kaburu & Co Advocates v County Government of Meru (Environment and Land Miscellaneous Application E015 of 2023) [2024] KEELC 7326 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Entry of judgment on a certificate of taxation
Judgment for the taxed costs may be entered where no reference or appeal is pending and the retainer is not disputed.
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.
Interest on taxed costs
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.
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.
Legal principles established
#- 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
#- 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.Costs of the suit to the applicant
- Jurisdiction invoked
- Section 51(2) of the Advocates Act and Rule 11 of the Advocates Remuneration Order (2014)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#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.