Anyumba & Associates Advocates v Mchembere (Environment and Land Miscellaneous Application E033 of 2022) [2025] KEELC 6253 (KLR)
The 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
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether judgment should be entered against the Respondent in terms of the certificate of taxation under section 51(2) of the Advocates Act
- 2.Whether the Respondent was duly served with the application
- 3.Whether the application is merited given the absence of settlement of, or reference against, the taxed costs
Key legal issues
#Entry of judgment on a certificate of taxation
Judgment entered in favour of the applicant on the certificate of costs for Kshs.127,795.40 with interest at court rates.
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.
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
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- 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
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Section 51(2) of the Advocates Act empowers the court to make an order that judgement be entered for the sum certified to be due with costs.
There is no evidence that the certificate of taxation has been challenged or varied. There is no evidence of any reference pending against the taxation.
I allow the application and hereby enter judgement in favour of the applicant on the basis of the certificate of costs dated 12th October, 2023 for Kshs.127,795.40 and interest thereon at court rates. Costs of the application are awarded to the applicant.
Issues in the judgment
#The grounds state costs were taxed at Kshs 143,821 while the certificate of taxation and the judgment entered are for Kshs.127,795.40.
Internal date inconsistency: the certificate of taxation is described as dated 12th October, 2023 but 'issued on 12th August, 2024'.
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.