Peter Gachuhi & Co. Advocates v Ngugi (Environment and Land Miscellaneous Application E067 of 2024) [2025] KEELC 6649 (KLR)
The bottom line
#A Kenyan court converted a taxed fee certificate directly into judgment against a client, but refused 14% interest because the advocate never claimed interest before payment.
What this practically means
#Executive summary
#Key legal issues
#Entry of judgment on a certificate of taxation under Section 51(2) of the Advocates Act
Judgment was entered for the advocate in the certified sum of Kshs. 1,690,129.92/= because the certificate of taxation dated 7th August 2024 had not been set aside or varied and the retainer was not disputed.
Section 51(2) of the Advocates Act makes the taxing officer's certificate final as to the amount of costs covered unless set aside or altered by the court. The applicant demonstrated the advocate-client relationship, the taxation of the bill dated 25th March 2024, and issuance of the certificate of taxation on 7th August 2024. As the respondent did not respond or seek to set it aside, nothing remained but entry of judgment, following Lubulellah & Associates Advocates v N.K. Brothers Limited.
Entitlement to interest at 14% per annum under Rule 7 of the Advocates Remuneration Order
Interest at 14% per annum was refused because the applicant failed to show that the claim for interest had been raised before the amount of the bill was paid or tendered in full.
Rule 7 of the Advocates Remuneration Order permits an advocate to charge interest at 14% per annum from the expiration of one month from delivery of the bill, provided the claim for interest is raised before the bill has been paid or tendered in full. Relying on Kerongo & Company Advocates vs Africa Assurance Merchant Co. Ltd, the court held that an advocate who does not prove such a prior demand is not entitled to the interest. The applicant gave no proof of having raised the issue, so the interest claim failed.
Legal principles established
#- Once a bill has been taxed and a certificate of taxation issued which has not been set aside or altered, the court need only enter judgment for the certified sum; no fresh suit is required.
- An advocate is not entitled to interest at 14% per annum under Rule 7 of the Advocates Remuneration Order unless proof is given that the claim for interest was raised before the bill was paid or tendered in full.
Court orders
#- 1.Judgment is entered for the Applicant against the Respondent in the sum of Kshs. 1,690,129.92/= in terms of the Certificate of Taxation dated 7th August, 2024
- 2.The Applicant is awarded costs of the application
- Jurisdiction invoked
- Sections 1A and 3A of the Civil Procedure Act, Section 51(2) of the Advocates Act, Cap 16, and Rule 7 of the Advocates Remuneration Order
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter Gachuhi & Co. Advocates v Ngugi (Environment and Land Miscellaneous Application E067 of 2024) [2025] KEELC 6649 (KLR)", Case Analysis (2025). Notice of Motion dated 27th January 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6649/eng@2025-09-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.