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ELCPartially AllowedELC Misc. Application No. E050 of 2025

Asige Keverenge & Anyanzwa Advocates v Mbarak & 3 others (Miscellaneous Application E050 of 2025) [2026] KEELC 4925 (KLR)

Environment and Land Court
30 July 2026
2,578 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 converted an advocate's fee certificate into judgment but refused interest because it was never claimed in the bill of costs before the client paid in full.

What this practically means

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Executive summary

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The applicant advocate firm moved the court under section 51(2) of the Advocates Act seeking conversion of a Certificate of Costs dated 13th January 2026 into judgment and decree for Kshs. 770,031/=, plus interest at 16% per annum from 5th November 2025, and costs. The certificate, issued by the Deputy Registrar after taxation as between advocate and client, allowed Kshs. 770,031.67. By the time of the ruling the certified sum had been paid in full, leaving only interest and costs in contest. The court framed three issues. On conversion, it held that although the certificate is final as to amount and the retainer undisputed, entry of judgment is discretionary and its sole office is to found execution; with the debt discharged, the court entered judgment in the terms of the certificate but recorded it as fully satisfied, and directed that no decree issue and no execution lie. On interest, the prayer failed at three points: paragraph 7 of the Advocates (Remuneration) Order caps interest at 14%, not 16%; interest runs from one month after delivery of the bill rather than the date of taxation, and delivery was not shown; and decisively, following Otieno, Ragot v Kenindia Assurance, interest must be claimed in the bill of costs before payment in full, which was never done. On costs, the court exercised its discretion under section 27(1) of the Civil Procedure Act, awarding the applicant costs of the motion assessed summarily at Kshs. 30,000, payable within thirty days without further taxation, and closed the file.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Should the Certificate of Costs be converted into a judgment and decree of this Court?
  2. 2.Is interest payable upon the certified sum at 16% per annum with effect from 5th November 2025?
  3. 3.Who should bear the costs of this motion?

Key legal issues

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01

Whether the Certificate of Costs should be converted into judgment and decree

Holding

Judgment was entered in terms of the certificate but recorded as fully satisfied; no decree or execution to issue since the debt had been paid

Reasoning

Section 51(2) confers discretion, and the sole practical office of such judgment is to found execution. With the certified sum of Kshs. 770,031.67 paid in full, a decree would arm a paid creditor and expose clients to double payment. The court therefore entered judgment and simultaneously recorded it as fully satisfied, preserving the applicant's entitlement while protecting the clients' discharge.

p. 8
02

Whether interest at 16% per annum from 5th November 2025 was payable

Holding

Prayer for interest declined

Reasoning

The claim failed at three points: paragraph 7 caps interest at 14% and no basis for 16% was pleaded; interest runs from one month after delivery of the bill, not the date of taxation, and delivery was not shown; and decisively, interest was never claimed in the bill of costs, as required by Otieno, Ragot v Kenindia. Payment in full had also closed the proviso.

p. 11
03

Costs of the motion

Holding

Applicant awarded costs assessed summarily at Kshs. 30,000

Reasoning

Costs are discretionary under section 27(1) of the Civil Procedure Act and ordinarily follow the event, but the applicant only partly succeeded: he obtained judgment though the debt was paid, and failed on interest through his own omission. To avoid endless taxation over enforcement of a bill of costs, the court assessed costs itself rather than sending them for taxation.

p. 12

Legal principles established

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  • A taxing officer's certificate is final as to the amount of costs covered thereby unless set aside or altered by the court
  • Judgment under section 51(2) is discretionary, not entered as of right
  • A claim for interest under paragraph 7 of the Advocates (Remuneration) Order must be raised in the bill of costs before payment in full

Court orders

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  1. 1.Judgment entered for the Applicant against the 1st, 2nd, 3rd and 4th Respondents/Clients jointly and severally in the sum of Kshs. 770,031.67 in terms of the Certificate of Cost dated 13th January 2026
  2. 2.The judgment is recorded as fully satisfied; no decree shall issue and no execution shall lie in respect of that sum
  3. 3.Prayer 2 of the Notice of Motion seeking interest at 16% per annum from 5th November 2025 is declined
  4. 4.The Applicant shall have the costs of the motion, assessed at Kshs. 30,000, payable within thirty (30) days; no further taxation shall be necessary
  5. 5.The file is closed

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Section 51(2) of the Advocates Act, Cap 16; paragraph 7 of the Advocates (Remuneration) Order; sections 1A, 1B, 1C and 3A of the Civil Procedure Act, Cap 21; Order 51 of the Civil Procedure Rules

Relief refused

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Interest at 16% per annum from 5th November 2025 on the certified sum

Interest was never claimed in the bill of costs; the rate claimed exceeds the 14% allowed under paragraph 7; the proviso bars a claim after payment in full

Issuance of a decree executable against the respondents

The certified sum had been paid in full before the ruling, so a decree would serve no purpose and could expose clients to double payment

p. 8

Costs

The Applicant shall have the costs of the motion, assessed by the court at Kshs. 30,000, payable within thirty (30) days of the date of the ruling; no further taxation shall be necessary.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

To issue a decree for a sum already discharged would be to arm a creditor who has been paid, and to expose these four clients to the hazard of paying a second time for a service rendered once.
p. 8Discretion under section 51(2) where debt is paid
This means that the judgment is not entered as of right. The court may refuse to enter judgment for good cause even without a dispute over the retainer.
p. 7Discretionary nature of judgment under section 51(2)
it was incumbent upon the advocate to put the client on notice that he intended to claim the interest at the point at which he drew the Bill of Costs. He did not.
p. 10Requirement to claim interest in the bill of costs
A court cannot draw out of a provision more than the provision holds.
p. 9Statutory interpretation of the 14% rate
(a) Judgment is hereby entered for the Applicant, ASIGE KEVERENGE & ANYANZWA ADVOCATES, against the 1st, 2nd, 3rd and 4th Respondents/Clients, jointly and severally, in the sum of Kshs. 770,031.67 in terms of the Certificate of Cost dated 13th January 2026 issued by the Deputy Registrar of this court.
p. 12Final orders
(b) The said judgment is recorded as fully satisfied, the certified sum of Kshs. 770,031.67 having been paid in full; and for the avoidance of doubt no decree shall issue, and no execution shall lie, in respect of that sum.
p. 13Final orders - judgment satisfied, no execution
The account between advocate and client, having been taxed, certified and now paid, is closed; and the court declines to reopen it for an interest that was never asked for until the asking was too late.
p. 13Closing of advocate-client account

Issues in the judgment

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minor

Judgment identifies the certified figure as Kshs. 770,031.67 but the prayer claims Kshs. 770,031/=; the court corrected the pleading against the certificate

minor

Supporting affidavit deponent's quoted wording is grammatically defective but immaterial

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, "Asige Keverenge & Anyanzwa Advocates v Mbarak & 3 others (Miscellaneous Application E050 of 2025) [2026] KEELC 4925 (KLR)", Case Analysis (2026). ELC Misc. Application No. E050 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4925/eng@2026-07-30

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