Muri Mwaniki & Wamati Advocates v Museum View Office Suits Limited (Environment and Land Miscellaneous Application 28 of 2018) [2025] KEELC 7566 (KLR)
The bottom line
#A Kenyan court ordered a client to pay Kshs 4.38 million in taxed legal fees plus 14% interest, but only because the advocate properly obtained a certificate of taxation.
What this practically means
#Executive summary
#Key legal issues
#Whether judgment should be entered for the certified taxed costs
Yes. The certificate of taxation dated 29/10/2024 was conclusive, the retainer was not disputed, and no formal application for stay or injunction was properly before the court.
Section 51(2) of the Advocates Act empowers the court to enter judgment on a certificate of taxation where the retainer is not disputed. Following Peter Odiwuor Ngoge, the court's duty is to verify the certificate and the absence of a retainer dispute. The client's claim of a pending Court of Appeal application was unsupported and no formal application for stay or injunction had been filed, so judgment entered for Kshs. 4,386,051/=.
Circumstances and timing under which interest on taxed costs accrue
Interest at 14% under Paragraph 7 accrues only where the claim for interest was included in the bill of costs; having been omitted, the advocate is entitled only to court-rate interest from 25/09/2024.
Paragraph 7 permits 14% interest from one month after delivery of the bill, provided the claim for interest is raised before payment. Following Otieno, Ragot & Company Advocates v Kenya Airports Authority, 'bill' refers to a fee note, and interest must be claimed in the bill of costs; its omission triggers the court's discretion under Section 26 of the Civil Procedure Act. The court held Lubulellah applies and distinguished Okong'o Wandago, then awarded court-rate interest from the taxing date.
Legal principles established
#- Under Section 51(2) of the Advocates Act, once a certificate of taxation exists, is not set aside or altered, and the retainer is not disputed, the court should enter judgment for the certified sum.
- Paragraph 7 interest at 14% per annum is only available where the claim for interest is raised in the bill of costs; where it was not, the court may in its discretion award interest under Section 26 of the Civil Procedure Act.
Court orders
#- 1.Judgment entered in favour of the advocate in the sum of Kshs. 4,386,051/= plus interest at the rate of 14% per annum from 25/09/2024 until payment in full.
- 2.Costs of the notice of motion awarded to the advocate.
- 3.The client's second affidavit deposed on 10/03/2025 expunged from the record.
- Jurisdiction invoked
- Section 51(2) of the Advocates Act; Paragraph 7 of the Advocates (Remuneration) Order; Order 51 Rule 1 of the Civil Procedure (Amendment) Rules, 2020
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muri Mwaniki & Wamati Advocates v Museum View Office Suits Limited (Environment and Land Miscellaneous Application 28 of 2018) [2025] KEELC 7566 (KLR)", Case Analysis (2025). Not stated in the judgment as provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7566/eng@2025-11-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.