Maengwe t/a GM Maengwe & Company Advocates v Rioki (Environment and Land Miscellaneous Case E001 of 2023) [2025] KEELC 6131 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Entitlement to judgment for certified costs
Judgment entered for the re-taxed sum of KShs 119,900 since the certificate had not been set aside and payment was not demonstrated
The court applied Section 51(2) of the Advocates Act, under which the taxing officer's certificate is final as to the amount of costs covered thereby unless set aside or altered. The re-taxed certificate of 18th January 2024 was on record and the Respondent did not demonstrate payment. Her advance payment arguments were a repetition of submissions made at taxation and unsupported by any exhibited ruling, so judgment followed for the certified sum.
Interest on certified costs
Interest at 14% per annum from the date of the certificate of costs awarded
Section 27(2) of the Civil Procedure Act permits interest at a rate not exceeding fourteen per cent per annum. The Applicant sought only that rate. The court held the Respondent could not delay payment indefinitely without incurring interest and that she could mitigate her interest liability by prompt payment, and awarded 14% from 18th January 2024 until payment in full.
Legal principles established
#- A certificate of costs is final as to the quantum of costs due unless set aside or altered by the Court
- A client cannot resist judgment on the certified sum by re-litigating arguments already advanced at taxation
Court orders
#- 1.Judgment entered in favour of the Applicant against the Respondent in the sum of KShs 119,900 being the Advocate/Client costs specified in the certificate of costs issued on 18th January 2024
- 2.Interest on the above sum at 14% from 18th January 2024 until payment is made in full
- 3.No order as to costs of Notice of Motion dated 10th April 2024
- Jurisdiction invoked
- Section 51(2) of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maengwe t/a GM Maengwe & Company Advocates v Rioki (Environment and Land Miscellaneous Case E001 of 2023) [2025] KEELC 6131 (KLR)", Case Analysis (2025). Notice of Motion dated 10th April 2024 (ELC, Nyamira). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6131/eng@2025-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.