Onsongo & Company Advocates v Okumu (Miscellaneous Application E015 of 2023) [2025] KEELC 6293 (KLR)
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
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 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.Whether interest at 14% per annum should be awarded and from what date
- 3.Who should bear costs of the application
Key legal issues
#Entitlement to judgment on a certificate of costs
Judgment entered for the advocate against the client for the taxed sum where the certificate is unchallenged and unpaid
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.
Interest on taxed costs
Interest at 14% per annum awarded from the date of the certificate of costs to payment in full
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.
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.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.Interest awarded at 14% per annum from the date of the certificate of costs to the date of payment in full
- 3.Costs of the application awarded to the Advocate/Applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
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.
Interest is awarded at 14% per annum from the date of the certificate of costs to the date of payment in full.
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.
Issues in the judgment
#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.