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ELCPartially AllowedNotice of motion dated 31 October 2025· [2026] KEELC 3473 (KLR)

Lubulella Associates v Kitongi Investments Ltd & 2 others (Environment and Land Miscellaneous Application E014 of 2021) [2026] KEELC 3473 (KLR)

Environment and Land Court (High Court station, Machakos)
9 June 2026
2,079 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 a taxed bill of costs is binding, but advocates lose backdated interest if they don't claim it in their bill.

What this practically means

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Executive summary

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This ruling by A. Y. Koross, J at Machakos determines an advocate's notice of motion dated 31 October 2025 seeking entry of judgment on a certificate of taxation dated 8 August 2025 for Kshs. 387,720/-, plus interest at 14% per annum from 23 February 2021, under Section 51(2) of the Advocates Act and Rule 13A of the Advocates Remuneration Rules. The clients opposed via grounds of opposition, arguing no demand for interest was made, that Rule 7 permits interest only if claimed before payment, and that interest should run from the re-taxation on 17 April 2025 or crystallisation of fees on 25 April 2025. Neither party filed submissions within the court's directions, so the court relied on the pleadings and record. Framing two issues, the court held that under Section 51(2) the certificate of taxation is conclusive and, retainer not being disputed, judgment must be entered for the certified sum, applying the Court of Appeal decision in Peter Odiwuor Ngoge v Washington Jalango Okumu. On interest, the court reviewed conflicting authority and adopted the binding decision in Otieno, Ragot & Company Advocates v Kenya Airports Authority, noting the Supreme Court in Kenya Airports Authority v Otieno Ragot declined to disturb that holding. Since the notice to charge interest was not included at the foot of the bill of costs and no fee note was addressed, the court exercised its discretion under Section 26 of the Civil Procedure Act and awarded interest only from the taxing officer's ruling of 17 April 2025. Judgment was entered for Kshs. 387,720/- with interest at 14% per annum from 17 April 2025, and costs of the motion assessed at Kshs. 15,000/- were awarded to the advocate.

Key legal issues

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01

Whether judgment should be entered on the certificate of taxation

Holding

The certificate of taxation is conclusive and the court has authority under Section 51(2) of the Advocates Act to enter judgment for the taxed amount where retainer is not disputed

Reasoning

Section 51(2) provides that a taxing officer's certificate is final as to the amount of costs unless set aside or altered, and empowers the court to enter judgment where retainer is not disputed. Following Peter Odiwuor Ngoge v Washington Jalango Okumu, the court's role is to verify the certificate and that retainer is undisputed; no such dispute or pending proceedings was shown here. Judgment for the certified sum of Kshs. 387,720/- was therefore merited.

p. 3
02

The circumstances and timing under which interest on taxed costs accrues

Holding

Interest at 14% under Paragraph 7 applies only where a claim for interest is raised (including in the bill of costs and via a fee note); absent that, the court may award interest at court rates from the date of the taxing officer's ruling

Reasoning

Paragraph 7 of the Advocates (Remuneration) Order permits 14% interest from one month after delivery of the bill/fee note provided the interest claim is raised before payment. Otieno, Ragot & Company Advocates v Kenya Airports Authority, binding on this court, held that where interest is not included in the bill of costs, Rule 7 is negated and the court exercises discretion under Section 26 of the Civil Procedure Act. Noting no notice to charge interest at the foot of the bill and no fee note addressed, the court awarded interest only from the taxing officer's ruling of 17 April 2025.

p. 4

Legal principles established

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  • A certificate of taxation is final as to the amount of costs and, where retainer is not disputed, the court should enter judgment for the certified sum
  • Under Paragraph 7 of the Advocates (Remuneration) Order, interest on costs accrues from the expiration of one month from delivery of the bill/fee note, provided the claim for interest is raised before the bill is paid or tendered in full
  • Where a claim for interest under Rule 7 is not included in the bill of costs, the advocate falls back on the court's discretionary power under Section 26 of the Civil Procedure Act

Court orders

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  1. 1.Judgment entered in favour of the advocate in the sum of Kshs. 387,720/- plus interest at the rate of 14% per annum from 17 April 2025 until payment in full
  2. 2.Costs of the notice of motion awarded to the advocate assessed at Kshs. 15,000/-
Jurisdiction invoked
Section 51(2) of the Advocates Act (Cap 16); Section 3A and 63(e) and Order 41 Rule 1 of the Civil Procedure Rules; Rule 13A of the Advocates Remuneration 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, "Lubulella Associates v Kitongi Investments Ltd & 2 others (Environment and Land Miscellaneous Application E014 of 2021) [2026] KEELC 3473 (KLR)", Case Analysis (2026). Notice of motion dated 31 October 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3473/eng@2026-06-09

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