Muri Mwaniki & Wamiti Advocates v Azal Ltd & another (Environment and Land Miscellaneous Application 102 of 2016) [2026] KEELC 4597 (KLR)
The bottom line
#A Kenyan court reduced an advocate's judgment on taxed fees to only the unpaid balance and cut the interest claim because interest wasn't included in the bill of costs.
What this practically means
#Executive summary
#Key legal issues
#Whether judgment should be entered in terms of the Certificate of Taxation despite substantial part-payment
Judgment entered only for the outstanding balance of Kshs. 192,411.60/=, being the certified sum less payments totalling Kshs. 816,000/=.
Section 51(2) of the Advocates Act makes the certificate final unless set aside, and where the retainer is undisputed judgment may be entered for the certified sum. However, the same subsection grants the Court broad discretion to make such order as it thinks fit. Since about 81% of the debt was extinguished by part-payments, entering decree for the full certified sum would amount to unjust enrichment and double recovery.
Whether the Applicant is entitled to interest at 14% per annum under Rule 7 of the Advocates (Remuneration) Order
Rule 7 inapplicable because no interest claim was included in the Bill of Costs; interest awarded instead under Section 26 of the Civil Procedure Act at 14% from 21/4/2024.
Rule 7 permits 14% interest from one month after delivery of the bill, provided the claim for interest is raised before payment in full, and case law requires the interest element to be pleaded in the bill itself. The Applicant's bill contained no such charge, negating Rule 7. The Court then exercised its discretion under Section 26, taking the date of service of the Certificate of Taxation (21/3/2024) as the triggering date, with interest running from one month later.
Legal principles established
#- A certificate of taxation, once issued and not set aside or altered, is final as to the amount of costs, and where the retainer is undisputed the Court may enter judgment for the certified sum without a fresh suit.
- Rule 7 interest under the Advocates (Remuneration) Order applies only where the claim for interest is included in the Bill of Costs; otherwise the Court falls back on its discretion under Section 26 of the Civil Procedure Act.
- Judgment on a certificate of taxation must reflect the amount actually owed after part-payments; the Court retains equitable discretion as to the order to be made on the certificate.
Court orders
#- 1.The Certificate of Taxation dated 5/3/2024 is adopted as a Judgment of the Court.
- 2.Judgment entered for the Applicant against the 1st Respondent in the sum of Kshs. 192,411.60/= (the outstanding balance from the certified sum of Kshs. 1,008,411.60/=).
- 3.Interest on Kshs. 250,000/= at 14% per annum from 21/4/2024 to 3/6/2026.
- 4.Interest on the outstanding principal sum of Kshs. 192,411.60/= at 14% per annum from 21/4/2024 until payment in full.
- 5.Each party to bear their own costs of the application.
- Jurisdiction invoked
- Section 51 of the Advocates Act; Rule 7 of the Advocates (Remuneration) Order, 2009; Section 26 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Muri Mwaniki & Wamiti Advocates v Azal Ltd & another (Environment and Land Miscellaneous Application 102 of 2016) [2026] KEELC 4597 (KLR)", Case Analysis (2026). Notice of Motion dated 27/11/2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4597/eng@2026-07-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.