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ELCAllowedELC 1286 of 2014 (Nairobi)· [2026] KEELC 4819 (KLR)
Heartland Holdings Ltd v Abdi & 5 others (Environment and Land Case 1286 of 2014) [2026] KEELC 4819 (KLR)
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·~5 min to read original · ~4 min briefThe bottom line
#A Kenyan court entered judgment of Kshs 4,056,940 against a party who ignored the 14-day deadline to challenge a taxed certificate of costs.
What this practically means
#Executive summary
#The 2nd and 3rd Defendants in ELC 1286 of 2014 (Nairobi) moved the Court by Notice of Motion dated 26/3/26 seeking judgment against the Plaintiff in terms of a certificate of costs for Kshs 4,056,940/-, taxed and certified following the Plaintiff's withdrawal of the suit against them, together with interest at 14% per annum from the date of judgment and costs of the application. The Plaintiff opposed through grounds of opposition dated 17/4/2026 asserting that the application was misconceived, incompetent and an abuse of process, but adduced no affidavit evidence in support and filed no submissions despite directions for written submissions. The Court framed a single issue: whether the 2nd and 3rd Defendants were entitled to the orders sought. Relying on Rule 11 of the Advocates Remuneration Order and Section 51 of the Advocates Act, and applying Twiga Motor Limited v Hon. Dalmas Otieno Anyango (2015) eKLR, the court held that the Plaintiff never filed a notice of objection or reference within 14 days, nor sought leave to do so out of time; grounds of opposition were no answer to the certificate. The certificate of taxation was therefore final and unchallenged, and the taxed sum remained unpaid. The Court also noted the Defendants' position that the costs flowed from the withdrawal of the main suit and were not tied to the independent counterclaim. Allowing the application, the court entered judgment for Kshs 4,056,940/-, awarded interest at 14% per annum from the date of judgment until payment in full, and awarded the costs of the application to the 2nd and 3rd Defendants.
Key legal issues
#01
Whether judgment on the certificate of costs should be entered against the Plaintiff
Holding
Yes - the certificate was unchallenged and remains unpaid, so judgment with interest was entered.
Reasoning
Rule 11 of the Advocates Remuneration Order requires an aggrieved party to object within 14 days and then apply to a judge. The Plaintiff filed only grounds of opposition, no reference and no application for leave to file one out of time. The certificate of taxation therefore stood final, and the Court had no option but to allow the unpaid sum.
p. 4
Legal principles established
#- An unchallenged certificate of taxation is final as to the amount of costs and judgment may be entered on it.
- Failure to file a reference or objection within 14 days under Rule 11 of the Advocates Remuneration Order renders the certificate of costs unchallengeable.
Court orders
#- 1.judgment be and is hereby entered against the Plaintiff in terms of the certificate of costs for the sum of Kshs 4,056,940/-, issued on 9/6/25
- 2.interest on the taxed costs be awarded from the date of judgment at 14% per annum until payment in full
- 3.the costs of the application are in favour of the 2nd and 3rd Defendants
- Jurisdiction invoked
- Section 51 of the Advocates Act / Advocates Remuneration Order (Rule 11; Order 11(2) as cited) - application for judgment on a certificate of taxation
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Heartland Holdings Ltd v Abdi & 5 others (Environment and Land Case 1286 of 2014) [2026] KEELC 4819 (KLR)", Case Analysis (2026). ELC 1286 of 2014 (Nairobi). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4819/eng@2026-07-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.