Mereka & Company Advocates v Nicola Farms Limited (Environment and Land Miscellaneous Application E065 of 2023) [2025] KEELC 5365 (KLR)
The bottom line
#A Kenyan court confirmed that a taxed Advocate-Client bill becomes enforceable judgment if the client doesn't file a reference, but interest must be claimed in the bill itself.
What this practically means
#Executive summary
#Key legal issues
#Whether judgment should be entered in terms of the Certificate of Taxation absent a reference under Rule 11
Yes - the certificate of taxation is final unless set aside or altered, and since the Client filed no reference, judgment was entered for Kshs 406,997.34.
The Bill of Costs dated 16/02/2023 was taxed on 6/03/2024 at Kshs 406,997.34 and a Certificate of Taxation issued on 6/05/2024. Under Section 51(2) of the Advocates Act the certificate is final unless set aside or altered by the Court. Rule 11 requires an aggrieved party to seek reasons in writing and file a reference before a Judge. The Client filed only Grounds of Opposition, denying instructions, but no reference; the taxation was therefore unchallenged and the only step remaining was entry of judgment.
From what date interest at 14% per annum should accrue
Interest awarded at 14% per annum from 13/05/2024 (date of service of the application attaching the Certificate of Taxation) until payment in full, under Section 26 of the Civil Procedure Act, not Rule 7.
Following Otieno, Ragot & Company Advocates v Kenya Airports Authority, Rule 7 interest applies only where the interest charge was included in the Bill of Costs. The Applicant omitted the 14% interest charge from the Bill, so Rule 7 was inapplicable. The Court then exercised its discretion under Section 26 of the Civil Procedure Act and awarded interest from the date of service of the application, as evidenced by the Return of Service filed on 21/05/2024, rather than from the date of the certificate as prayed.
Legal principles established
#- Once a bill of costs has been taxed, a certificate of taxation issued, and no reference filed, the certificate is final as to the amount of costs and the Court need only enter judgment; the applicant need not file suit.
- Interest at 14% per annum under Rule 7 of the Advocates Remuneration Order applies only where the interest charge was included in the Bill of Costs; otherwise the Court falls back on its discretion under Section 26 of the Civil Procedure Act.
- A party aggrieved by a Taxing Master's decision must request reasons in writing and file a reference before a Judge under Rule 11 of the Advocates Remuneration Order.
Court orders
#- 1.The application is allowed.
- 2.Interest allowed at 14% from 13/5/2024 until payment in full.
- 3.The applicant shall have costs of the application.
- 4.Judgment entered for the Applicant against the Respondent for the sum of Kshs 406,997.34/=
- Jurisdiction invoked
- Section 51 of the Advocates Act and Rule 11 of the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mereka & Company Advocates v Nicola Farms Limited (Environment and Land Miscellaneous Application E065 of 2023) [2025] KEELC 5365 (KLR)", Case Analysis (2025). Not stated in judgment (Advocate's Application dated 13/05/2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5365/eng@2025-07-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.