Ruai Central 54 Association (Suing through Julius Ntorono Kubai, Erastus Nyambutu Migosi Beatrice Mumbi Njoroge) v Ng’ang’a & another (Environment and Land Miscellaneous Application E167 of 2024) [2025] KEELC 5411 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that an unchallenged certificate of taxation is final and enforceable as a judgment for Kshs. 643,470 plus interest.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant has locus standi to file the originating summons
The applicant, seeking only costs arising out of taxation, has sufficient interest and the locus standi objection fails
Order 34 Rules 1 and 2(a) of the Civil Procedure Rules permits an application for relief to be made by originating summons where the applicant claims no interest in the subject-matter other than charges or costs. The court found counsel was pursuing only taxed costs, which countered the locus standi objection raised by the 2nd respondent.
Whether judgment should be entered on the certificate of taxation with interest
The certificate of taxation, unchallenged and not set aside, is final and conclusive; judgment entered with interest
Pursuant to the taxing officer's ruling of 4th July 2022, a certificate of taxation was issued on 17th July 2024. There was no evidence of any order setting it aside, so it stood as final and conclusive as to the amounts taxed. The court therefore entered judgment for the taxed sum with interest at court rates from the date of the certificate.
Legal principles established
#- A claim for costs may be brought by originating summons where the applicant claims no interest other than for charges or costs
- An unset aside certificate of taxation is final and conclusive as to the amounts taxed
Court orders
#- 1.Judgment entered for the firm of Muigai Kemei & Associates Advocates against the respondents for Kshs. 643,470/- with interest at court rates from 17th July, 2024 until payment in full
- 2.The advocate awarded costs of the application assessed at Kshs. 30,000/- only
- Jurisdiction invoked
- Order 34 Rules 1 and 2(a) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ruai Central 54 Association (Suing through Julius Ntorono Kubai, Erastus Nyambutu Migosi Beatrice Mumbi Njoroge) v Ng’ang’a & another (Environment and Land Miscellaneous Application E167 of 2024) [2025] KEELC 5411 (KLR)", Case Analysis (2025). ELC MISC No. E167 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5411/eng@2025-07-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.