Onyinkwa t/a Onyinkwa & Company Advocates v Kendagor (Environment and Land Miscellaneous Application E006 of 2024) [2025] KEELC 7823 (KLR)
The bottom line
#An advocate recovered Kshs 122,585 in taxed fees but lost 14% interest by forgetting to claim it in the original bill of costs.
What this practically means
#Executive summary
#Key legal issues
#Adoption of a Certificate of Costs as judgment and decree
Judgment entered for the Applicant for Kshs 122,585/- as the costs were taxed, the certificate unchallenged, and retainer not in dispute
Section 51(2) of the Advocates Act requires that the costs be taxed and certified, that the certificate not be set aside, stayed or appealed against on a reference, and that there be no dispute on retainer. The Applicant annexed the Notice of Change of Advocates, the Bill of Costs and the certificate; there was no evidence of any reference or retainer dispute. All three conditions were satisfied, warranting entry of judgment for the taxed sum.
Entitlement to interest at 14% per annum under Rule 7 of the Advocates Remuneration Order
Claim for interest refused
Rule 7 permits interest at 14% per annum only where the claim is raised before payment and courts have held the client must be put on notice that interest is intended, with the claim included in the Bill of Costs and litigated before the Taxing Master. The Applicant's Bill of Costs did not include the interest claim and the Certificate of Costs did not feature it; raising it at the adoption stage was impermissible. Additionally, proof of service of the bill only showed service effected on 2nd January 2025.
Costs of the application
Each party to bear their own costs
Under Section 27(1) of the Civil Procedure Act costs follow the event unless the court for good reason orders otherwise. The Applicant only partially succeeded, having failed on the interest prayer, and the Respondent did not participate. These circumstances justified departing from the general rule, and the court directed each party to bear their own costs.
Legal principles established
#- A certificate of taxation that has not been set aside or altered is final as to the amount of costs and may be adopted as judgment of the court where retainer is not disputed
- An advocate may only claim 14% per annum interest under Rule 7 of the Advocates Remuneration Order if the claim for interest was included in the Bill of Costs and the client given notice; it cannot be raised for the first time in adoption proceedings
Court orders
#- 1.The Certificate of Costs issued on 7/6/2024 be and is hereby converted and/or adopted as the judgment and decree of this court and judgment be and is hereby entered for the applicant against the Respondent for Kshs 122,585/-
- 2.Each party to bear their own costs
- Jurisdiction invoked
- Section 51(2) of the Advocates Act; application for adoption of a Certificate of Costs as judgment of the court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Onyinkwa t/a Onyinkwa & Company Advocates v Kendagor (Environment and Land Miscellaneous Application E006 of 2024) [2025] KEELC 7823 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7823/eng@2025-11-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.