Muchangi Nduati & Co Advocates v Ndege (Environment and Land Miscellaneous Application E074 of 2024) [2025] KEELC 4935 (KLR)
The bottom line
#A Kenyan High Court allowed a law firm to turn its taxed fee certificate directly into a court judgment, but refused interest because the firm never claimed it early.
What this practically means
#Executive summary
#Key legal issues
#Entry of judgment on a certificate of taxation
Judgment was entered for the advocate for Kshs. 248,898.40 as per the certificate of taxation dated 13th September 2024, which had not been set aside or varied
Section 51(2) of the Advocates Act makes the taxing officer's certificate final as to the amount of costs unless set aside or altered by the court. The applicant demonstrated an advocate-client relationship, the bill was taxed at Kshs. 248,898.40, a certificate was issued on 13th September 2024 and remained unaltered. The respondent did not oppose the application despite service, so there was no reason to deny judgment.
Entitlement to interest at 14% per annum under Rule 7
Interest was refused because the applicant did not demonstrate that the claim for interest was raised before the bill was paid or tendered in full
Rule 7 of the Advocates Remuneration Order permits an advocate to charge interest at 14% per annum from one month after delivery of the bill, provided the claim for interest was raised before the amount has been paid or tendered in full. Following Kerongo & Company Advocates, the applicant bore the burden of proving that the interest claim was so raised, which was not discharged.
Legal principles established
#- Once a bill has been taxed and the certificate of taxation has not been set aside or altered, the court should enter judgment for the certified sum without requiring the advocate to file suit, provided the retainer is not disputed.
- An advocate must prove that a claim for interest under Rule 7 was raised before the bill was paid or tendered in full to be awarded interest at 14% per annum.
Court orders
#- 1.Judgment be and is hereby entered for the Applicant against the Respondent in the sum of Kshs. 248,898.40/= in terms of the Certificate of Taxation dated 13th September 2024
- 2.The Applicant is awarded costs of the application
- Jurisdiction invoked
- Section 51(2) of the Advocates Act Cap 16 and Rule 7 of the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muchangi Nduati & Co Advocates v Ndege (Environment and Land Miscellaneous Application E074 of 2024) [2025] KEELC 4935 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4935/eng@2025-06-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.