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ELCAllowedNotice of Motion dated 16th October, 2023· [2025] KEELC 6253 (KLR)
Anyumba & Associates Advocates v Mchembere (Environment and Land Miscellaneous Application E033 of 2022) [2025] KEELC 6253 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#The High Court in Kisumu allowed an advocate to convert an unchallenged taxed costs certificate into a court judgment, with interest.
What this practically means
#Executive summary
#This ruling by E. Asati, J, delivered virtually at Kisumu on 25th September 2025, determines a Notice of Motion dated 16th October 2023 brought by the Applicant advocate under sections 1A, 1B, 3, 3A and 63(e) of the Civil Procedure Act, Order 51 of the Civil Procedure Rules 2010 and section 51 of the Advocates Act. Prayers 1 and 2 had already been handled by the Deputy Registrar; prayers 3 and 4 sought entry of judgment in favour of the applicant against the Respondent in terms of the certificate of taxation, plus costs of the application. The applicant annexed a certificate of taxation dated 12th October 2023 showing taxed costs of Kshs.127,795.40. The application was unopposed; affidavits of service sworn by George O. Anyumba on 17th May 2025 and 30th May 2025 confirmed service on the Respondent. The court found no evidence that the certificate of taxation had been challenged or varied, no pending reference, and no evidence of settlement of the taxed costs. Relying on section 51(2) of the Advocates Act, which empowers the court to order judgment for the sum certified due with costs, the court held the application merited, entered judgment for the applicant for Kshs.127,795.40 with interest at court rates, and awarded costs of the application to the applicant.
Key legal issues
#01
Entry of judgment on a certificate of taxation
Holding
Judgment entered in favour of the applicant on the certificate of costs for Kshs.127,795.40 with interest at court rates.
Reasoning
The court found the application unopposed and properly served. The certificate of taxation was not challenged, varied, or subject to any pending reference, and there was no evidence of settlement of the taxed costs. Section 51(2) of the Advocates Act empowers the court to enter judgment for the sum certified due with costs, so the application was merited.
p. 2
Legal principles established
#- Section 51(2) of the Advocates Act empowers the court to enter judgment for the sum certified due to an advocate upon a certificate of taxation.
- Where the certificate of taxation is unchallenged, unreferenced and unpaid, judgment for the taxed sum follows as of course.
Court orders
#- 1.Judgment entered in favour of the applicant on the basis of the certificate of costs dated 12th October, 2023 for Kshs.127,795.40
- 2.Interest thereon at court rates
- 3.Costs of the application awarded to the applicant
- Jurisdiction invoked
- Sections 1A, 1B, 3, 3A & 63(e) of the Civil Procedure Act; Order 51 of the Civil Procedure Rules 2010; Section 51 of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Anyumba & Associates Advocates v Mchembere (Environment and Land Miscellaneous Application E033 of 2022) [2025] KEELC 6253 (KLR)", Case Analysis (2025). Notice of Motion dated 16th October, 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6253/eng@2025-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.