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ELCPartially AllowedNot stated in the judgment· [2025] KEELC 7823 (KLR)

Onyinkwa t/a Onyinkwa & Company Advocates v Kendagor (Environment and Land Miscellaneous Application E006 of 2024) [2025] KEELC 7823 (KLR)

Environment and Land Court of Kenya
13 November 2025
3,340 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~13 min to read original · ~4 min brief

The bottom line

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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

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Executive summary

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This was an unopposed notice of motion dated 27th September 2024 by the firm of Onyinkwa & Company Advocates seeking adoption of a Certificate of Costs as judgment of the court and interest at 14% per annum. The Applicant had been instructed in 2019 to act for the Respondent in Eldoret ELC J/R No 5A of 2021 in place of M/S Machio & Company Advocates, acted until granted leave to cease acting, and thereafter filed an Advocate-Client Bill of Costs dated 14th February 2024 which was taxed on 7th June 2024 at Kshs 122,585/-. The Respondent was served but filed neither a response nor submissions. The court, Yano J, framed three issues: adoption of the certificate, entitlement to interest, and costs. Applying Section 51(2) of the Advocates Act and the Lubulellah decision, the court held that the taxed costs, the absence of any reference or alteration of the certificate, and the undisputed retainer entitled the Applicant to judgment, and entered judgment for Kshs 122,585/-. However, relying on the Court of Appeal decisions in Otieno, Ragot & Company Advocates v Kenya Airports Authority and v Kenindia Assurance Co. Ltd, the court held that interest at 14% per annum under Rule 7 of the Advocates Remuneration Order must be claimed in the Bill of Costs with notice to the client and cannot be raised for the first time in adoption proceedings; the claim for interest failed. As the Applicant only partially succeeded and the Respondent did not participate, each party was ordered to bear their own costs.

Key legal issues

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01

Adoption of a Certificate of Costs as judgment and decree

Holding

Judgment entered for the Applicant for Kshs 122,585/- as the costs were taxed, the certificate unchallenged, and retainer not in dispute

Reasoning

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.

p. 4
02

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

Holding

Claim for interest refused

Reasoning

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.

p. 6
03

Costs of the application

Holding

Each party to bear their own costs

Reasoning

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.

p. 7

Legal principles established

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  • 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

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  1. 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. 2.Each party to bear their own costs

Authorities

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Legislation

  • Advocates ActSection 51(2)
  • Advocates Remuneration OrderParagraph 7 (Rule 7)
  • Advocates Remuneration OrderRule 11
  • Civil Procedure ActSection 26
  • Civil Procedure ActSection 27(1)

Cases cited (3)

  • Lubulellah & Associates v N. K. Brothers Limited
    (2014) eKLR
  • Otieno, Ragot & Company Advocates v Kenya Airports Authority
    (2021) KECA 587 (KLR)
  • Otieno, Ragot & Company Advocates v Kenindia Assurance Co. Ltd
    (Civil Appeal 129 of 2019) (2023) KECA 1398 (KLR)
Jurisdiction invoked
Section 51(2) of the Advocates Act; application for adoption of a Certificate of Costs as judgment of the court

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, "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.