Bruce Odeny & Co. Advocates v Alila & another (Environment and Land Miscellaneous Application 016 of 2025) [2026] KEELC 401 (KLR)
The bottom line
#A Siaya court converted an advocate's taxed fee certificate of Kshs. 160,259.80 into an enforceable judgment because the client never challenged it.
What this practically means
#Executive summary
#Key legal issues
#Whether judgment can be entered on the certificate of taxation under Section 51(2) of the Advocates Act
Yes. The certificate of taxation dated 24/06/2025 has not been challenged, set aside or altered, and nothing before the court shows the amount is disputed or that the retainer is in issue; judgment may therefore be entered for the certified sum.
Section 51(2) provides that the taxing officer's certificate is final as to the amount covered unless set aside or altered by the court, and empowers entry of judgment where the retainer is not disputed. The respondent was served, appeared, and was given an opportunity to respond in writing but did not. The taxing master's ruling of 20/06/2025 and the certificate of taxation are on record and unchallenged. Following Republic v City Council of Nairobi (Exparte Inderpal Singh), the court found no impediment to entering judgment on the taxed costs.
Legal principles established
#- A certificate of taxation is final as to the amount covered thereby unless set aside or altered by the court, and where the retainer is not disputed the court may enter judgment for the sum certified (s.51(2) Advocates Act).
Court orders
#- 1.The Notice of Motion application dated 16th July 2025 is allowed as prayed, with the certificate of costs taxed at Kshs. 160,259.80/= converted into a decree and judgment of the court
- 2.No orders as to costs on the application
- Jurisdiction invoked
- Section 51(2) of the Advocates Act (Cap 16)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bruce Odeny & Co. Advocates v Alila & another (Environment and Land Miscellaneous Application 016 of 2025) [2026] KEELC 401 (KLR)", Case Analysis (2026). Not stated in the judgment (Notice of Motion dated 16/07/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/401/eng@2026-01-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.