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ELCPartially AllowedNot stated in judgment (application dated 14th February, 2025)· [2025] KEELC 3646 (KLR)

Githogori and Harrison Associates Advocates LLP v Mbugua (Environment & Land Miscellaneous Case E018 of 2024) [2025] KEELC 3646 (KLR)

Environment and Land Court
9 May 2025
AOAntony O. Ombwayo
2,333 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~9 min to read original · ~4 min brief

The bottom line

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A Kenyan court ordered a client to pay his advocate KShs 3.7 million in legal fees plus 14% interest after he missed the deadline to challenge the taxed bill.

What this practically means

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Executive summary

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The Applicant advocate applied by notice of motion dated 14th February, 2025 for judgment in terms of a Certificate of Taxation issued on 26th September, 2024 by the taxing master (Hon. Priscah Nyotah) in Nakuru Miscellaneous Application No. E018 of 2024, taxing the Advocate-Client Bill of Costs at Kshs. 3,710,630/=, together with interest at 14% per annum from the date of taxation. The Respondent client opposed, contending he had already paid the advocate Kshs. 4,190,000/= for uncompleted instructions, creating a surplus of about Kshs. 479,369/=, that the taxing master failed to offset this payment, and that the application was an abuse of process and overtaken by events. He also noted his own reference against the taxation was struck out as filed out of time, and sought a refund of the surplus alternatively. The court identified the single issue as whether the application was merited, applying the twin conditions under Section 51(2) of the Advocates Act: a final certificate of taxation and an undisputed retainer. It held the certificate was final because the Respondent's reference was struck out as time-barred under Rule 11 of the Advocates Remuneration Order, leaving nothing pending; and the retainer was undisputed. The alleged overpayment was not addressed in the taxing master's ruling and the court declined to belabour it. On interest, Rule 7 permitted 14% per annum from expiry of one month from delivery of the bill. The application was allowed: judgment was entered in terms of the Certificate of Taxation, with interest at 14% from 26th October, 2024 until payment in full. No express costs order was made.

Key legal issues

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01

Finality of the certificate of taxation

Holding

The certificate of taxation issued on 26th September, 2024 was final in all respects since the Respondent's reference was struck out as filed out of time under Rule 11 of the Advocates Remuneration Order.

Reasoning

The Respondent filed a notice of objection on 15th October, 2024, beyond the 14-day statutory period under Rule 11, and it was struck out. With no pending reference, the certificate could not be set aside or altered. The court held it lacked jurisdiction to review the taxing master's decision on allegations of error raised for the first time in the replying affidavit.

p. 4
02

Retainer

Holding

Retainer was not in dispute as the Respondent admittedly engaged the Applicant's legal services before another advocate took over the matter.

Reasoning

The court found the advocate-client relationship undisputed and thus the second condition under Section 51(2) satisfied. The alleged overpayment of Kshs. 479,369.32/= was noted not to have formed part of the taxing officer's ruling and could not be resolved in this application.

p. 4
03

Entitlement to interest at 14% per annum

Holding

The Applicant was entitled to interest at 14% per annum under Rule 7 of the Advocates Remuneration Order, running from 26th October, 2024 (one month after delivery of the taxation ruling) until payment in full.

Reasoning

Rule 7 permits an advocate to charge interest at 14% per annum from the expiration of one month from delivery of the bill, provided the claim for interest is raised before payment or tender in full. The court applied this and awarded interest from one month after the taxation date rather than from the taxation date itself as prayed.

p. 4

Legal principles established

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  • To obtain judgment under Section 51(2) of the Advocates Act, an applicant must show a certificate of taxation that is final in all respects and an undisputed retainer.
  • A certificate of taxation not challenged by a reference under Rule 11 of the Advocates Remuneration Order within the statutory period is final and binding.

Court orders

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  1. 1.Judgment be and is hereby entered in terms of the Certificate of Taxation issued on the 26th September, 2024
  2. 2.The sum of Kshs. 3,710,630/= shall attract interest at 14% from 26th October, 2024 until payment in full
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, "Githogori and Harrison Associates Advocates LLP v Mbugua (Environment & Land Miscellaneous Case E018 of 2024) [2025] KEELC 3646 (KLR)", Case Analysis (2025). Not stated in judgment (application dated 14th February, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3646/eng@2025-05-09

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