Kamula & 2 others v Mwololo & another (Environment and Land Case 24 of 2018) [2025] KEELC 7981 (KLR)
The bottom line
#Kenya's Environment and Land Court confirmed that a pending appeal does not stop a party from converting taxed costs into an enforceable judgment.
What this practically means
#Executive summary
#Key legal issues
#Whether a certificate of taxation should be converted into a judgment notwithstanding a pending appeal
Yes; entry of judgment on a certificate of taxation is not barred by a pending appeal, especially where no stay has been issued.
The court found no dispute that a certificate of taxation was issued on 5th March 2024. Under section 51(2) of the Advocates Act, where the certificate has not been set aside, the court may order judgment for the certified sum. The only objections raised were the pending appeal and an alleged promise not to pursue costs, but there was no evidence of waiver of the right to costs, and no stay from the Court of Appeal was in place.
Whether the judgment debtor proved waiver of the decree holders' right to costs
No; the alleged promise that costs would not be pursued after eviction was not proved.
The judgment debtor relied on an alleged promise by the decree holders that they would not pursue costs once he was evicted from the suit premises. The court held there was no evidence of such waiver, so the objection could not defeat the statutory entitlement to enforce the certificate of taxation.
Legal principles established
#- A certificate of taxation that has not been set aside or altered by the court is final as to the amount of costs and the court may enter judgment for the sum certified, even where an appeal against the underlying judgment is pending.
Court orders
#- 1.Judgment entered for the decree holders in terms of the certificate of taxation dated 19th February 2024 for Kshs. 964,360/= as prayed in the notice of motion dated 28th June 2024
- Jurisdiction invoked
- Section 51(2) of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kamula & 2 others v Mwololo & another (Environment and Land Case 24 of 2018) [2025] KEELC 7981 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7981/eng@2025-11-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.