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ELCPartially AllowedNot stated in the judgment· [2025] KEELC 4665 (KLR)

Wandaka t/a Kinuthia Wandaka & Company Advocates v Musyoki (Environment and Land Miscellaneous Application 10 of 2020) [2025] KEELC 4665 (KLR)

High Court of Kenya (Environment and Land Court registry, Kajiado)
19 June 2025
1,685 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

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A Kenyan client must pay her lawyer Kshs 513,830 in taxed fees plus 14% yearly interest because she couldn't reopen the already-settled lawyer-client relationship.

What this practically means

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Executive summary

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This ruling by L. Komingoi J, delivered virtually at Kajiado on 19th June 2025, determined a Notice of Motion dated 18th April 2023 in which the Applicant, an advocate with Kinuthia Wandaka & Co. Advocates, sought judgment against the Respondent under Section 51(2) of the Advocates Act for taxed costs of Kshs. 513,830 with interest. The Respondent opposed via Grounds of Opposition, contending that judgment under Section 51(2) was untenable where retainer was disputed, that a separate suit under Section 48(2) was required, and that interest should be denied. The court identified two issues: whether judgment with interest should be entered, and costs. On retainer, the court relied on the prior Ruling of 26th April 2021 by C. Ochieng' J, which found an implied advocate/client relationship, admitted authority by the Respondent, and estopped her from denying the retainer, thus rejecting the opposition as invalid since that ruling remained a valid court order. The court noted the Bill of Costs was taxed at Kshs. 513,830 and the Certificate of Taxation issued on 5th April 2022 had never been set aside, altered or referenced against. Regarding interest, the court applied Rule 7 of the Advocates Remuneration Rules allowing 14% per annum and found no circumstances to warrant withholding interest. The court entered judgment for Kshs. 513,830 with interest at 14% per annum from the date of the certificate until payment in full, and ordered the Respondent to bear the costs of the application.

Key legal issues

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01

Whether retainer being contested bars entry of judgment under Section 51(2) of the Advocates Act

Holding

The retainer issue had already been determined by C. Ochieng' J in the Ruling of 26th April 2021, which found an implied advocate/client relationship and estopped the Respondent from denying the retainer; the objection therefore fails.

Reasoning

The court reviewed the prior Ruling of 26th April 2021 in which the court found the Respondent had authorized the advocate, admitted in matrimonial property proceedings and in a letter dated 19th October 2017 that the advocate acted for her, creating an implied advocate/client relationship and an estoppel. That determination is a valid court order unless set aside, altered or appealed against, so the retainer could not be relitigated to defeat the Section 51(2) application.

p. 3
02

Whether the taxed costs remain enforceable and whether interest should be awarded

Holding

The Certificate of Taxation dated 5th April 2022 for Kshs. 513,830 was unchallenged and remains valid; judgment was entered with interest at 14% per annum from the date of the certificate.

Reasoning

The Bill of Costs was taxed at Kshs. 513,830 on 30th March 2022 and a Certificate of Taxation issued on 5th April 2022, which was never set aside, altered or referenced against. Rule 7 of the Advocates Remuneration Rules permits interest at 14% per annum on costs from the expiration of one month from delivery of the bill. No circumstances were shown to justify withholding or reducing the interest, so the court entered judgment with interest from the date of the certificate.

p. 4

Legal principles established

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  • Where a certificate of taxation has been issued and has not been set aside, altered or referenced against, judgment may properly be entered under Section 51(2) of the Advocates Act.
  • Where the issue of retainer has already been determined by a valid court order, opposition to entry of judgment on the ground that the retainer is disputed fails.

Court orders

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  1. 1.Judgment entered for the Applicant against the Respondent for Kshs. 513,830
  2. 2.Interest at 14% per annum on Kshs. 513,830 from the date of issuance of the Certificate of Taxation (5th April 2022) until payment in full
  3. 3.Costs of the application to be borne by the Respondent

Authorities

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Legislation

  • Advocates ActSection 51(2)
  • Advocates ActSection 48(2)
  • Advocates Remuneration OrderParagraph 7
  • Civil Procedure RulesOrder 50 Rules 1 & 3
  • Civil Procedure ActSection 3A

Cases cited (4)

  • Amondi & Co. Advocates v County Government of Kisumu
    (2022) eKLR
  • D. Njogu & Co. Advocates v Kenya National Capital Corporation
    (2006) eKLR
  • Kenya Airports Authority v Otieno Ragot & Co. Advocates
    Pet. E011 of 2023
  • Mercy Mwangi t/a Mwangi Kingera & Co. Advocates v Invesco Assurance Company Ltd
    [2017] eKLR
Jurisdiction invoked
Section 51(2) of the Advocates Act; Section 3A of the Civil Procedure Act; Order 50 Rules 1 & 3 of the Civil Procedure Rules

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, "Wandaka t/a Kinuthia Wandaka & Company Advocates v Musyoki (Environment and Land Miscellaneous Application 10 of 2020) [2025] KEELC 4665 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4665/eng@2025-06-19

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