Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
ELCPartially AllowedNotice of Motion application dated 1st April, 2025

Onsongo & Company Advocates v Okumu (Miscellaneous Application E015 of 2023) [2025] KEELC 6293 (KLR)

High Court of Kenya
25 September 2025
342 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

#

A Kenyan High Court confirmed that advocates can convert an unchallenged certificate of taxed costs into a judgment debt, plus 14% yearly interest.

What this practically means

#

Executive summary

#
The Applicant, an advocate, moved the court by Notice of Motion dated 1st April, 2025 seeking judgment against the Client/Respondent for Kshs.119,836.40, being costs taxed and certified by the Deputy Registrar by a certificate of costs dated 22nd August, 2023 and issued on 19th February, 2025, together with interest at 14% per annum from the date of filing the Bill of Costs and costs of the application. The application was unopposed; an affidavit of service sworn by Vera Kemunto, Advocate, on 26th June, 2025 proved service of a hearing notice on the Respondent. The court noted that a certificate of costs showing the taxed sum was annexed to the supporting affidavit, and that there was no evidence that the certificate had been varied or challenged in any way or that the taxed costs had been paid. Finding the application to have merit, the court allowed it and entered judgment in favour of the Advocate/Applicant against the Client/Respondent for Kshs.119,836.40 in terms of the certificate of costs. It awarded interest at 14% per annum from the date of the certificate of costs (rather than the date of filing the bill as sought) to the date of payment in full, and awarded costs of the application to the Applicant. The ruling was read and signed at Kisumu and delivered virtually on 25th September, 2025 by E. Asati, Judge; neither party was represented at delivery.

Questions the Court framed

#

The issues the Court set itself to decide, in its own words.

  1. 1.Whether judgment should be entered against the Client/Respondent for the taxed costs of Kshs.119,836.40 per the certificate of costs dated 22nd August, 2023
  2. 2.Whether interest at 14% per annum should be awarded and from what date
  3. 3.Who should bear costs of the application

Key legal issues

#
01

Entitlement to judgment on a certificate of costs

Holding

Judgment entered for the advocate against the client for the taxed sum where the certificate is unchallenged and unpaid

Reasoning

The applicant annexed a certificate of costs dated 22nd August, 2023 showing taxed costs of Kshs.119,836.40. The application was unopposed and service was proved by affidavit of service. The court found no evidence that the certificate had been varied or challenged or that the taxed costs had been paid, and accordingly allowed the application and entered judgment.

p. 2
02

Interest on taxed costs

Holding

Interest at 14% per annum awarded from the date of the certificate of costs to payment in full

Reasoning

The applicant sought interest at court rates of 14% per annum from the date of filing the Bill of Costs. The court awarded interest at 14% per annum but ran it from the date of the certificate of costs rather than the date of filing the bill, to the date of payment in full.

p. 2

Legal principles established

#
  • Where a certificate of costs remains unvaried, unchallenged and unpaid, judgment may be entered for the advocate on the taxed amount

Court orders

#
  1. 1.Judgment entered in favour of the Advocate/Applicant against the Client/Respondent in the sum of Kshs.119,836.40 in terms of the certificate of costs dated 22nd August, 2023 and issued on 19th February, 2025
  2. 2.Interest awarded at 14% per annum from the date of the certificate of costs to the date of payment in full
  3. 3.Costs of the application awarded to the Advocate/Applicant

The bench

#

One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Advocate-client taxation; certificate of costs issued by the Deputy Registrar

Relief refused

#

Priority hearing (prayer 1)

Overtaken by events as the application was heard and determined

Costs

Costs of the application are awarded to the Advocate/Applicant.

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.

Judgement is entered in favour of the Advocate/Applicant against the Client/Respondent in the sum of Kenya Shillings One Hundred and Nineteen Thousand Eight Hundred and Thirty Six and Forty Cents (Kshs.119,836.40) in terms on the certificate of costs dated 22nd August, 2023 and issued on 19th February, 2025.
p. 2Final orders - judgment on taxed costs
Interest is awarded at 14% per annum from the date of the certificate of costs to the date of payment in full.
p. 2Final orders - interest
There being no evidence that the said certificate of costs has been varied or challenged in any way or that the taxed costs have been paid, I find that the application has merit and hereby allow it.
p. 2Basis for allowing an unopposed advocate-client costs application

Issues in the judgment

#
minor

Judgment awards interest from the date of the certificate of costs, while the prayer sought interest from the date of filing the Bill of Costs; the court did not explain the departure

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Onsongo & Company Advocates v Okumu (Miscellaneous Application E015 of 2023) [2025] KEELC 6293 (KLR)", Case Analysis (2025). Notice of Motion application dated 1st April, 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6293/eng@2025-09-25

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