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ELCPartially AllowedNot stated in the judgment· [2026] KEELC 1524 (KLR)

Mavoko Land Development Co Ltd v Mlolongo Catholic Church & 2 others (Environment and Land Case 70 of 2016) [2026] KEELC 1524 (KLR)

High Court of Kenya
17 March 2026
1,794 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 converted taxed legal costs into a binding judgment of over Kshs. 6.3 million because the losing party challenged the bill the wrong way.

What this practically means

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Executive summary

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This ruling of the High Court at Machakos (A. Y. Koross, J) determined the defendants' notice of motion dated 5/05/2025, brought under Section 3A of the Civil Procedure Act, Order 51 Rule 1 of the Civil Procedure Rules and the Advocates Act, seeking entry of judgment for taxed costs of Kshs. 6,300,506.67 following taxation on 12/03/2025 and the issuance of a certificate of taxation the same day. The plaintiff opposed through an affidavit of its secretary general, Jackson Makali Kalolwe, contending it was dissatisfied with the taxation ruling, had filed a notice of appeal, requested typed proceedings, and that its memorandum of appeal raised weighty grounds. The court identified a single issue: whether judgment should be entered as sought. Relying on Section 51(2) of the Advocates Act and the Court of Appeal decision in Peter Odiwuor Ngoge v Washington Jalango Okumu, together with Lubulellah & Associates Advocates v N K Brothers Limited, the court held that where a certificate of taxation stands unaltered, retainer is not disputed, and no competent proceedings impugn the certificate, the court's only role is to enter judgment. The plaintiff's grievances about the valuation of the subject matter belonged in a taxation reference under Order 11 of the Advocates (Remuneration) Order. Although the plaintiff lodged a notice of objection on 24/03/2025, it failed to pursue a reference to a judge and instead filed a notice of appeal to the Court of Appeal without leave, misapprehending the law. The court allowed the motion, entering judgment for Kshs. 6,300,506.67 plus interest at 14% per annum from 12/03/2025 until payment in full, and awarded the defendants costs of the motion assessed at Kshs. 15,000/-.

Key legal issues

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01

Whether the court should enter judgment for the defendants on the certificate of taxation dated 12/03/2025

Holding

Yes. The certificate of taxation was final as to the amount, retainer was not disputed, and the plaintiff had not set it aside or altered it through the proper reference procedure; judgment for the taxed sum plus interest was therefore entered.

Reasoning

Section 51(2) of the Advocates Act makes the taxing officer's certificate final unless set aside or altered by the court. The court relied on Peter Odiwuor Ngoge v Washington Jalango Okumu and Lubulellah & Associates v N K Brothers, holding that where there is a certificate of taxation, no dispute on retainer and no pending proceedings properly impugning the certificate, the court's only remaining duty is to enter judgment. The plaintiff's complaint about valuation belonged in a taxation reference under Order 11 of the Advocates (Remuneration) Order, not an opposition to entry of judgment. The plaintiff gave notice of objection but then wrongly filed a notice of appeal to the Court of Appeal instead of lodging a reference to a judge, so the certificate remained intact and conclusive.

p. 4

Legal principles established

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  • Once a bill of costs has been taxed and a certificate of taxation issued, and the certificate is not set aside or altered and there is no dispute on retainer, the court must enter judgment for the certified sum without requiring a fresh suit.
  • A party aggrieved by a taxing officer's decision must pursue a reference to a judge under Order 11(2) of the Advocates (Remuneration) Order, and only with leave may appeal to the Court of Appeal.

Court orders

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  1. 1.Judgment is entered in favour of the defendants for the sum of Kshs. 6,300,506.67/- plus interest at 14% per annum from 12/03/2025 until payment in full.
  2. 2.The costs of the notice of motion, assessed at Kshs. 15,000/-, are awarded to the defendants, to be borne by the plaintiff.

Authorities

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Legislation

  • Civil Procedure ActSection 3A
  • Civil Procedure RulesOrder 51 Rule 1
  • Advocates ActSection 51(2)
  • Advocates (Remuneration) OrderOrder 11(1), (2), (3), (4)

Cases cited (2)

  • Peter Odiwuor Ngoge T/A O.P. Ngoge & Associates v Washington Jalango Okumu
    [2012] KECA 15 (KLR)
  • Lubulellah & Associates Advocates v N K Brothers Limited
    [2014] KEHC 8685 (KLR)
Jurisdiction invoked
Section 51(2) of the Advocates Act; Section 3A of the Civil Procedure Act; Order 51 Rule 1 of the Civil Procedure Rules

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, "Mavoko Land Development Co Ltd v Mlolongo Catholic Church & 2 others (Environment and Land Case 70 of 2016) [2026] KEELC 1524 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1524/eng@2026-03-17

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