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ELCDismissedNot stated in the judgment (Miscellaneous application arising from an Advocate-Client Bill of Costs dated 30th March 2025)· [2026] KEELC 4076 (KLR)

Onindo Onindo & Associates v Church Commissioners for Kenya (Environment and Land Miscellaneous Case E046 of 2026) [2026] KEELC 4076 (KLR)

High Court of Kenya (Environment and Land Court, Milimani)
19 June 2026
TMT. Murigi
523 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 refused to turn a lawyer's taxed costs certificate into a judgment because a successful challenge had already set that certificate aside.

What this practically means

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Executive summary

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The Court, per Hon. T. Murigi, Judge, determined a Notice of Motion dated 29th January 2026 brought under Section 51(2) of the Advocates Act by an Advocate seeking to convert a Certificate of Taxation issued on 28th January 2026 into a decree and judgment, with interest from the date of taxation until payment in full, plus costs of the application. The Bill of Costs dated 30th March 2025 had been taxed on 27th January 2026 at Kshs. 704,010.50/-. The Client/Respondent, through a replying affidavit sworn by Daniel O. Okoth, opposed the application, showing that the taxation ruling was already under challenge by a Reference dated 9th February 2026 filed in Milimani ELC Misc. E062 of 2025, and urged that the application was premature and should be deferred to avoid conflicting decisions. The Court framed a single issue: whether judgment should be entered in favour of the Advocate in accordance with the Certificate of Taxation. Applying Section 51(2) of the Advocates Act, under which a taxing officer's certificate is final unless set aside or altered by the Court, the Court noted that the Reference had since been determined by the same Court and the Certificate of Taxation had been set aside, pending re-taxation of the impugned items. The certificate therefore no longer provided a valid basis for judgment. The Court dismissed the application as overtaken by events and moot. No express costs order was made in the final orders.

Key legal issues

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Whether judgment should be entered on the Certificate of Taxation dated 28th January 2026 under Section 51(2) of the Advocates Act

Holding

The application was dismissed as moot because the Certificate of Taxation had been set aside in a subsequent Reference and could not found judgment.

Reasoning

The Court recited Section 51(2) of the Advocates Act, which permits judgment to be entered on a taxing officer's certificate unless it is set aside or altered by the Court. Here the Respondent demonstrated that a Reference dated 9th February 2026 filed in Milimani ELC Misc. E062 of 2025 challenging the taxation had been determined by the same Court, and the Certificate had been set aside. With the foundation of the application gone, it was overtaken by events and moot pending re-taxation.

p. 2

Legal principles established

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  • Under Section 51(2) of the Advocates Act, a certificate of taxation is final as to the amount of costs covered thereby unless set aside or altered by the Court, and judgment may be entered on it where the retainer is not disputed.
  • An application to convert a Certificate of Taxation into a decree is rendered moot where the certificate has been set aside pending re-taxation.

Court orders

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  1. 1.The Notice of Motion dated 29th January 2026 was dismissed as having been overtaken by events and rendered moot, the Certificate of Taxation having been set aside pending re-taxation of the impugned items
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, "Onindo Onindo & Associates v Church Commissioners for Kenya (Environment and Land Miscellaneous Case E046 of 2026) [2026] KEELC 4076 (KLR)", Case Analysis (2026). Not stated in the judgment (Miscellaneous application arising from an Advocate-Client Bill of Costs dated 30th March 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4076/eng@2026-06-19

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