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ELCPartially AllowedNot stated in judgment (arises from NAIROBI ELC No. E095 OF 2021, the underlying matter)· [2025] KEELC 6638 (KLR)

Peter Gachuhi & Company Advocates v Kimuri Housing Company Limited & another (Environment and Land Miscellaneous Application E065 of 2024) [2025] KEELC 6638 (KLR)

Environment and Land Court
26 September 2025
832 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court converted a lawyer's taxed fee certificate into a Kshs. 4 million judgment, but denied 14% interest because the claim wasn't raised early.

What this practically means

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Executive summary

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This was a Notice of Motion dated 27th January 2025 by Peter Gachuhi, Advocate, seeking judgment against his former client in the sum of Kshs. 4,052,088/= pursuant to a certificate of taxation, together with interest at 14% per annum under Rule 7 of the Advocates Remuneration Order. The application was brought under Order 51 Rule 1 of the Civil Procedure Rules, Sections 1A and 3A of the Civil Procedure Act, Section 51(2) of the Advocates Act and Rule 7 of the Advocates Remuneration Order. The Applicant deponed that the Respondent engaged the firm in Nairobi ELC No. E095 of 2021, declined to pay fees, and that the advocate-client bill dated 25th March 2024 was taxed on 24th July 2024 at Kshs. 4,052,088/=, with a Certificate of Taxation issued on 7th August 2024 that was never set aside or varied. Though served, the Respondent filed no response. The court framed one issue: whether judgment should be entered per the certificate. Relying on Section 51(2) of the Advocates Act and Lubulellah & Associates Advocates v N.K. Brothers Limited, the court held the certificate final and entered judgment for Kshs. 4,052,088/=. On interest, relying on Kerongo & Company Advocates v Africa Assurance Merchant Co. Ltd, the court found no proof that the claim for interest had been raised before the bill was paid or tendered in full, and refused the 14% interest. The application was therefore partially allowed: judgment for the certified sum and costs of the application, but no interest. Judgment delivered virtually on 26th September 2025 by Hon. T. Murigi, Judge.

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

Judgment is entered for the certified sum where the retainer is demonstrated and the certificate of taxation remains unchallenged

Reasoning

The court applied Section 51(2) of the Advocates Act, under which a taxing officer's certificate is final as to the amount of costs unless set aside or altered by the court. The Applicant demonstrated an advocate-client relationship, the bill was taxed at Kshs. 4,052,088/=, and the Certificate of Taxation issued on 7th August 2024 had not been set aside or varied. Following Lubulellah & Associates Advocates v N.K. Brothers Limited, no further action was required.

p. 2
02

Entitlement to 14% interest under Rule 7 of the Advocates Remuneration Order

Holding

Interest under Rule 7 is refused because the advocate did not prove the claim for interest was raised before the bill was paid or tendered in full

Reasoning

Rule 7 allows an advocate to charge 14% interest per annum on disbursements and costs from the expiration of one month from delivery of the bill, provided the claim for interest is raised before the amount has been paid or tendered in full. Following Kerongo & Company Advocates v Africa Assurance Merchant Co. Ltd, the Applicant, having provided no proof of having raised the issue of interest, was not entitled to the 14% rate.

p. 3

Legal principles established

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  • Once a bill of costs has been taxed and the certificate of taxation has not been set aside or altered, the court need only enter judgment for the certified sum; no fresh suit is required.
  • An advocate claiming 14% interest under Rule 7 of the Advocates Remuneration Order must prove the claim for interest was raised before the bill was paid or tendered in full.

Court orders

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  1. 1.Judgment entered for the Applicant against the Respondent in the sum of Kshs. 4,052,088/= in terms of the Certificate of Taxation issued on 7th August, 2024
  2. 2.Costs of the application awarded to the Applicant

Authorities

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Legislation

  • Civil Procedure RulesOrder 51 Rule 1
  • Civil Procedure ActSections 1A and 3A
  • Advocates Act, Cap 16 Laws of KenyaSection 51(2)
  • Advocates Remuneration OrderRule 7

Cases cited (2)

  • Lubulellah & Associates Advocates v N.K. Brothers Limited
    [2014] eKLR
  • Kerongo & Company Advocates vs Africa Assurance Merchant Co. Ltd
    (2019) eKLR
Jurisdiction invoked
Sections 1A and 3A of the Civil Procedure Act, Section 51(2) of the Advocates Act (Cap 16), Rule 7 of the Advocates Remuneration Order and Order 51 Rule 1 of the Civil Procedure Rules

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, "Peter Gachuhi & Company Advocates v Kimuri Housing Company Limited & another (Environment and Land Miscellaneous Application E065 of 2024) [2025] KEELC 6638 (KLR)", Case Analysis (2025). Not stated in judgment (arises from NAIROBI ELC No. E095 OF 2021, the underlying matter). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6638/eng@2025-09-26

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