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ELCAllowedNot stated in judgment· [2026] KEELC 1559 (KLR)

Shikanga t/a Apollo Ambutsi & Co Advocates v Munene (Environment and Land Miscellaneous Application E008 of 2024) [2026] KEELC 1559 (KLR)

Environment and Land Court
18 March 2026
CNC.K. NZILI
218 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kitale court converted a law firm's taxed fee certificate into an enforceable judgment, plus 14% interest, because the client never challenged it.

What this practically means

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Executive summary

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This was an advocate-client costs application under Section 51(2) of the Advocates Act, heard at the Environment and Land Court, Kitale, before C.K. Nzili J. The applicant advocate, Apollo Ambutsi Shikanga, through a Notice of Motion supported by his affidavit sworn on 4/9/2025, sought the adoption of the Certificate of Stated Costs dated 3/12/2024 as a judgment of the court, together with interest on the taxed fees at 14%. The applicant relied on Section 51(2) of the Advocates Act, which renders a certificate of taxation final unless set aside, varied or vacated, and on Lubulellah & Associates Advocates v N. K. Brothers Limited, where it was held that in the absence of a reference against the taxation ruling, nothing prevents the court from entering judgment. On interest, the applicant invoked Rule 7 of the Advocates Remuneration Order and the decision in Otieno, Ragot & Company Advocates v Kenindia Assurance Co. Ltd, which allowed a similar claim. The court noted that no response opposing the application had been filed by the respondent. Consequently, the court allowed the application in its entirety, adopting the Certificate of Stated Costs dated 3/12/2024 as a judgment of the court, awarding interest at 14%, and granting costs of the application to the applicant. The ruling was dated, signed and delivered virtually via Microsoft Teams/open court at Kitale on 18 March 2026, with counsel Atudo appearing for the respondent and Ambutsi for the applicant.

Key legal issues

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01

Adoption of the certificate of taxation as a judgment

Holding

The Certificate of Stated Costs dated 3/12/2024 was adopted as a judgment of the court since there was no response or reference opposing it

Reasoning

Section 51(2) of the Advocates Act makes a certificate of taxation final unless set aside, varied or vacated. Relying on Lubulellah & Associates Advocates v N. K. Brothers Limited, the court held that in the absence of a reference against the ruling, nothing prevents entry of judgment. No response from the respondent was on record.

p. 1
02

Entitlement to interest at 14% on taxed fees

Holding

Interest at 14% was awarded pursuant to Rule 7 of the Advocates Remuneration Order

Reasoning

Rule 7 of the Advocates Remuneration Order permits an advocate to charge interest on fees. The court cited Otieno, Ragot & Company Advocates v Kenindia Assurance Co. Ltd, where such a claim was allowed, and granted the 14% interest sought.

p. 1

Legal principles established

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  • A certificate of taxation is final unless set aside, varied, or vacated, and where no reference is filed the court may enter judgment on it
  • An advocate may charge interest on his fees under Rule 7 of the Advocates Remuneration Order

Court orders

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  1. 1.The Certificate of Stated Costs dated 3/12/2024 is adopted as a judgment of the court
  2. 2.Interest on the taxed fees awarded at 14%
  3. 3.The application is allowed with costs to the applicant
Jurisdiction invoked
Section 51(2) of the Advocates Act and Rule 7 of the Advocates Remuneration Order

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, "Shikanga t/a Apollo Ambutsi & Co Advocates v Munene (Environment and Land Miscellaneous Application E008 of 2024) [2026] KEELC 1559 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1559/eng@2026-03-18

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