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ELCPartially AllowedSiaya CM ELC NO. 40 OF 2020 (application dated 17/07/2025)· [2026] KEELC 409 (KLR)

Bruce Odeny & Co. Advocates v Alila & another (Environment and Land Miscellaneous Application 015 of 2025) [2026] KEELC 409 (KLR)

Environment and Land Court
29 January 2026
ADA. E. Dena
949 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court confirmed that once an advocate's fee bill is taxed and unchallenged, that certificate converts directly into a judgment the client must pay.

What this practically means

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Executive summary

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This ruling by Hon. Justice A. E. Dena of the Environment and Land Court at Siaya determines an unopposed Notice of Motion dated 17/07/2025 brought under Section 51(2) of the Advocates Act by an advocate who acted for the respondent in Siaya CM ELC No. 40 of 2020 and now seeks recovery of legal fees. The applicant's advocate-client bill of costs dated 18/02/2025 was taxed on 20/06/2025 at Kshs.118,418/= and a certificate of taxation issued, which has never been challenged or set aside. The respondent appeared in court, sought time to respond, but never filed a response or submissions. The court framed a single issue: whether the application is merited. Relying on Section 51(2), which renders a taxing officer's certificate final as to the amount covered unless set aside or altered by the court, and on the High Court decision in Republic v City Council of Nairobi Exparte Inderpal Singh & 2 others (2021) eKLR (which itself references Ahmednasir Abdikadir & Co Advocates v National Bank of Kenya, Dally and Figgis Advocates v Homelex Ltd and Evans Thiga Gaturu v Kenya Commercial Bank), the court held that judgment on a certificate of costs may be refused only where the certificate has been set aside, altered, or where retainer is disputed. Finding nothing to show the amount was disputed or the certificate altered, the court allowed the application, converting the certificate of costs into a decree and judgment of the court, but made no order as to costs on the application.

Key legal issues

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01

Whether judgment may be entered on a certificate of taxation under Section 51(2) of the Advocates Act

Holding

Yes - the certificate of the taxing officer is final as to the amount unless set aside or altered by the court, and where the retainer is not disputed, judgment may be entered for the certified sum

Reasoning

The court noted the bill was taxed on 20/06/2025 at Kshs.118,418/= with a certificate of taxation issued, unchallenged and not set aside. The respondent, though served and given opportunity, filed nothing to dispute the amount or the retainer. Section 51(2) mandates the court to declare the certificate final and enter judgment accordingly, and the court was persuaded by the authority cited by counsel.

p. 2

Legal principles established

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  • A certificate of taxation is final as to the amount covered and judgment may be entered on it unless set aside, altered, or where retainer is disputed

Court orders

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  1. 1.The Notice of Motion application is allowed
  2. 2.The certificate of costs (taxed at Kshs. 118,418/=) to be converted to a decree and judgment of the court
  3. 3.No orders as to costs on the application
Jurisdiction invoked
Section 51(2) of the Advocates Act

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, "Bruce Odeny & Co. Advocates v Alila & another (Environment and Land Miscellaneous Application 015 of 2025) [2026] KEELC 409 (KLR)", Case Analysis (2026). Siaya CM ELC NO. 40 OF 2020 (application dated 17/07/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/409/eng@2026-01-29

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.