Gulf African Bank Limited v Barre (Environment and Land Case 868 of 2016) [2026] KEELC 2126 (KLR)
The bottom line
#A Kenyan court confirmed that winning parties can claim 14% yearly interest on taxed court costs even when the original judgment said nothing about interest.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the appeal against the ruling of the deputy registrar disallowing interest on taxed costs has merit
Key legal issues
#Whether a decree silent on interest on costs carries interest from the date of taxation
Yes - interest becomes payable after taxation, at 14% per annum from the date of the certificate of taxation
The court analysed Sections 26(2) and 27(2) of the Civil Procedure Act, which deem interest at 6% where the decree is silent and permit interest on costs up to 14% per annum. Relying on Lubulellah and Otieno, Ragot, it held that once costs are taxed and remain unpaid, interest at 14% may properly be awarded under Rule 7 of the Advocates (Remuneration) Order, notwithstanding the silence of the judgment of 30th May 2017.
Standard of interference with the deputy registrar's decision on first appeal
The court is entitled to revisit and evaluate the evidence and arrive at its own conclusion, but will not disturb findings of fact based on no evidence, misapprehension of evidence or wrong principles
Applying Mwanasokoni v Kenya Bus Service Ltd, the court stated the classic first-appeal standard. It then evaluated the notice of motion and concluded that the deputy registrar erred in holding that interest on costs could only be computed if a special order for interest had been made at the time judgment was entered.
Legal principles established
#- A certificate of taxation not set aside or altered is final as to the amount of costs covered
- Interest on taxed costs is payable under Rule 7 of the Advocates (Remuneration) Order to compensate the successful party for delay in settlement
- Where the decree is silent on interest, interest is deemed payable from the date of taxation, and may be awarded at up to 14% per annum under Section 27(2) of the Civil Procedure Act
Court orders
#- 1.The memorandum of appeal dated 26th March, 2025 is allowed; the ruling of 24th March, 2025 is set aside to the extent that it disallowed interest on costs
- 2.The notice of motion dated 12th November, 2024 is allowed and the appellant is entitled to interest on costs on the taxed sum of Kshs. 1,135,853.14 at the rate of 14% per annum from 14th November 2019 until payment in full
- 3.The appellant is awarded the costs of the appeal, to be borne by the respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Environment and Land Court (Deputy Registrar)
- null
- Jurisdiction invoked
- First appellate jurisdiction over the ruling of the Deputy Registrar on a notice of motion under Sections 1A, 1B, 34, 38 and 63 of the Civil Procedure Act and Order 22 Rule 18(2) of the Civil Procedure Rules
Relief refused
#Interest from a date earlier than the certificate of taxation / any rate above 14% per annum
The court limited interest to 14% per annum from the date of the certificate of taxation as provided by Section 27(2) of the Civil Procedure Act
Costs
The appellant is awarded the costs of the appeal, the same to be borne by the respondent.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In view of the above provisions of the law, the appellant is entitled to interest at the rate of 14% per annum from 14th November, 2019 when the certificate of taxation was issued until payment in full.
The memorandum of appeal dated 26th March, 2025 has merit and it is hereby allowed as in the following terms:
The notice of motion dated 12th November, 2024 is hereby allowed, and the appellant is entitled to interest on costs as per the certificate of taxation issued on 14th November, 2024 awarding the sum of Kshs. 1,135, 853.14/- at the rate of 14% per annum from 14th November, 2024 until payment in full.
The appellant is awarded the costs of the appeal, the same to be borne by the respondent.
Issues in the judgment
#The court itself is not expressly named on the face of the judgment; only the judge's title and virtual delivery are stated
The full names of the parties are not stated anywhere in the judgment; they are referred to only as the appellant (3rd defendant/decree holder) and respondent (judgment debtor)
The final orders state the certificate of taxation and its interest commencement date as 14th November, 2024, whereas the body of the judgment and the impugned record place the certificate of taxation on 14th November, 2019
The stated date of delivery, 21st April 2026, appears inconsistent with the procedural timeline (appeal filed March 2025, submissions June 2025)
The appellant is said to have filed submissions dated 3rd June 2025 and further submissions dated 19th March 2025, a chronology inconsistency within the judgment
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gulf African Bank Limited v Barre (Environment and Land Case 868 of 2016) [2026] KEELC 2126 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/2126/eng@2026-04-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.