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ELCAllowedNotice of motion dated 24.01.2025 (Mombasa); taxing certificate from Court of Appeal No. 64 of 2019· [2025] KEELC 7562 (KLR)

Ouya (Suing as the personal representative of the Estate of the Late Faith Judith Ouya) v Kuria & another (Environment and Land Miscellaneous Case E007 of 2025) [2025] KEELC 7562 (KLR)

High Court of Kenya (assumed; judgment states only 'this honourable court')
30 October 2025
680 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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A Kenyan court confirmed that taxed costs certificates can be converted directly into enforceable judgments without waiting for the main case to finish.

What this practically means

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Executive summary

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By a notice of motion dated 24 January 2025 filed under Section 51(2) of the Advocates Act, Order 51 Rule 1 of the Civil Procedure Rules 2010 and Section 3A of the Civil Procedure Act, the applicant, Abidha Nicholus, sought conversion into a judgment and decree of the court of a certificate of taxation dated 15 December 2023 issued in Mombasa Court of Appeal No. 64 of 2019, Dickens Ouya & Another vs Esther Gathoni Gicimu & Another, so as to enable him to execute for the taxed costs. The 2nd respondent opposed the motion through grounds of opposition dated 24 June 2025, contending only that the application was incompetent because Section 51(2) of the Advocates Act was inapplicable. The 1st respondent filed neither a response nor submissions. The matter was canvassed by written submissions, with the applicant filing submissions and supplementary submissions. The court identified a sole issue: whether the applicant had made out a case for entry of judgment on the certificate of taxation. Relying on the finality of the taxing officer's certificate under Section 51(2) unless set aside or altered, the court held the application properly brought, noting nothing remained pending on taxation before the Court of Appeal and that the applicant was not obliged to await the determination of the primary suit in the Environment and Land Court. The court found merit in the motion, converted the certificate of taxation into a judgment of the court, and awarded the applicant the costs of the application. Ruling delivered virtually at Mombasa on 30 October 2025 by Y. M. Angima, Judge.

Key legal issues

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Applicability of Section 51(2) of the Advocates Act to convert a certificate of taxation into judgment

Holding

The application was properly brought under Section 51(2) since the costs had been taxed and certified; judgment on the certificate was merited.

Reasoning

The court found that the interlocutory appeal costs had been taxed and certified by the taxing officer, nothing further was pending on taxation before the Court of Appeal, and no lawful justification existed to bar enforcement. The certificate is final as to the amount unless set aside or altered, permitting entry of judgment.

p. 2

Legal principles established

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  • Under Section 51(2) of the Advocates Act, where costs have been taxed and certified and the retainer is not disputed, the court may enter judgment on the certificate of taxation; an advocate need not await the outcome of the primary suit.

Court orders

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  1. 1.That the certificate of taxation dated 15.12.2023 issued in Mombasa Civil Appeal No. 64 of 2019 – Dickens Ouya & Another vs Esther Gathoni Gicimu & Another be and is hereby converted into a judgment of the court
  2. 2.That the applicant is hereby awarded costs of the application

Authorities

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Legislation

  • Advocates Act (Cap 16)Section 51(2)
  • Civil Procedure Rules 2010Order 51 Rule 1
  • Civil Procedure ActSection 3A
Jurisdiction invoked
Section 51(2) of the Advocates Act (Cap 16); Order 51 Rule 1 Civil Procedure Rules 2010; Section 3A Civil Procedure Act

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, "Ouya (Suing as the personal representative of the Estate of the Late Faith Judith Ouya) v Kuria & another (Environment and Land Miscellaneous Case E007 of 2025) [2025] KEELC 7562 (KLR)", Case Analysis (2025). Notice of motion dated 24.01.2025 (Mombasa); taxing certificate from Court of Appeal No. 64 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7562/eng@2025-10-30

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