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ELCAllowed· [2025] KEELC 4873 (KLR)

Mereka & Company Advocates v Nicola Farm Limited (Environment & Land Miscellaneous Case E031 of 2022) [2025] KEELC 4873 (KLR)

High Court of Kenya
1 July 2025
MGM.N. Gicheru
298 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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A Kenyan High Court converted a lawyer's taxed fee certificate of Kshs. 6.8 million into a judgment with 14% interest because the client never objected or paid.

What this practically means

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Executive summary

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This ruling disposes of a notice of motion dated 15-4-2024 in which the Applicant sought three orders: judgment for Kshs. 6,839,700/= in terms of a certificate of taxation dated 4-4-2024 with interest at 14% from that date; issuance of a decree for enforcement/execution pursuant to that judgment; and costs of the application in the cause. The motion, supported by the Applicant's affidavit of even date, established that a bill of costs dated 3-11-2022 seeking Kshs. 43,197,000/= had been taxed on 24-1-2024 at Kshs. 6,839,700/= by the Deputy Registrar; that no stay had been granted; that the Respondent had filed no reference and had not set aside or sought review of the certificate of costs dated 4-4-2024; and that the Respondent had failed to pay despite repeated reminders. Respondent's Counsel undertook on 26-5-2025 to file written submissions within 14 days but none had been filed by 27-6-2025. The court (M.N. Gicheru, Judge) considered the motion in its entirety, found it fair, just and unopposed, held it to have merit, and allowed it as drawn, so that judgment was entered for the taxed costs with 14% interest and a decree was to issue for enforcement/execution, with costs of the application in the cause. The judgment cites no authorities or statutes.

Key legal issues

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01

Entitlement to judgment on a certificate of taxation

Holding

The court allowed the motion, entering judgment for the taxed amount with 14% interest and directing issuance of a decree for execution.

Reasoning

The Applicant's bill of costs dated 3-11-2022 was taxed on 24-1-2024 at Kshs. 6,839,700/= by the Deputy Registrar. A certificate of costs dated 4-4-2024 was issued and had not been set aside or reviewed. No stay had been granted and the Respondent filed no reference and no submissions despite an undertaking to do so. The court found the motion fair, just and unopposed.

p. 2
02

Enforcement of taxed costs

Holding

A decree was ordered to issue for enforcement/execution of the judgment on the taxed costs.

Reasoning

Having failed and neglected to pay the taxed costs despite repeated reminders, the Respondent was exposed to execution. The court granted the consequential order that a decree issue for enforcement/execution pursuant to the judgment entered on the certificate of taxation dated 4-4-2024.

p. 1

Legal principles established

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  • An unopposed application to convert a certificate of taxation into judgment, where the certificate has not been set aside or reviewed and no reference or stay is in place, will be allowed as drawn.

Court orders

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  1. 1.Judgment entered for the Applicant for Kshs. 6,839,700/= as per the certificate of taxation dated 4-4-2024 with interest at 14% from that date
  2. 2.A decree to issue for enforcement/execution pursuant to the judgment
  3. 3.Costs of the application to be in the cause
  4. 4.The motion allowed as drawn
Jurisdiction invoked
Inherent jurisdiction to enforce a taxed certificate of costs (not expressly stated in the judgment)

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, "Mereka & Company Advocates v Nicola Farm Limited (Environment & Land Miscellaneous Case E031 of 2022) [2025] KEELC 4873 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4873/eng@2025-07-01

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