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ELCAllowedNotice of Motion dated 16th October, 2023· [2025] KEELC 6292 (KLR)

Anyumba & Associates Advocates v Mchembere (Environment and Land Miscellaneous Application E032 of 2022) [2025] KEELC 6292 (KLR)

High Court of Kenya
25 September 2025
EAE. Asati
393 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court in Kisumu allowed an advocate to convert unpaid taxed legal fees of Kshs. 143,821 into an enforceable court judgment without any opposition.

What this practically means

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Executive summary

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This ruling by E. Asati, Judge, at Kisumu determines an unopposed Notice of Motion dated 16th October, 2023 brought by the Applicant, an 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 3 and 4 sought entry of judgment against the Respondent in terms of the certificate of taxation and costs of the application. The Applicant's advocate-client costs had been taxed at Kshs.143,821/- on 12th October, 2023, and a certificate of taxation dated 12th October, 2023 and issued on 12th August, 2024 was annexed to a supporting affidavit sworn by George Anyumba. The court observed that there was no evidence that the certificate had been challenged or varied, and no reference pending against the taxation. The application was unopposed; affidavits of service sworn on 17th May 2025 and 30th May 2025 confirmed service on the Respondent, who did not appear at the hearing. Relying on section 51(2) of the Advocates Act, the court found the application merited and allowed it, entering judgment in favour of the Applicant for Kshs.143,821/- with interest at court rates, and awarded the costs of the application to the Applicant. The ruling was dated and signed at Kisumu and read virtually on 25th September, 2025 through Microsoft Teams, with no appearance for either party.

Key legal issues

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01

Entry of judgment on a certificate of taxation under section 51(2) of the Advocates Act

Holding

The application was merited and judgment was entered for the taxed costs with interest, the certificate being unchallenged and the Respondent having failed to pay

Reasoning

The court noted the taxed costs of Kshs.143,821/-, that the certificate of taxation had not been challenged or varied, and that no reference was pending against the taxation. The application was unopposed and affidavits of service showed the Respondent was served. Section 51(2) of the Advocates Act empowered the court to order entry of judgment for the sum certified, and there was no evidence of settlement of the taxed costs.

p. 1

Legal principles established

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  • Section 51(2) of the Advocates Act empowers the court to enter judgment for the sum certified as due on taxation where the certificate is unchallenged and there is no evidence of settlement or pending reference.

Court orders

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  1. 1.Judgment entered in favour of the Applicant on the basis of the certificate of costs dated 12th October, 2023 for Kshs.143,821/-
  2. 2.Interest on the certified sum at court rates
  3. 3.Costs of the application awarded to the Applicant
Jurisdiction invoked
Section 51(2) of the Advocates Act; sections 1A, 1B, 3, 3A & 63(e) of the Civil Procedure Act and Order 51 of the Civil Procedure Rules 2010

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Anyumba & Associates Advocates v Mchembere (Environment and Land Miscellaneous Application E032 of 2022) [2025] KEELC 6292 (KLR)", Case Analysis (2025). Notice of Motion dated 16th October, 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6292/eng@2025-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.