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ELCPartially AllowedELC MISC. APPLICATION NO. E021 OF 2025· [2026] KEELC 5091 (KLR)

Chaudhri & Associates Advocates v Premier Homes and Properties Limited (Environment and Land Miscellaneous Application E021 of 2025) [2026] KEELC 5091 (KLR)

Environment and Land Court of Kenya
31 July 2026
1,037 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 unchallenged taxed advocate's fee bill into a Kshs 2.5 million judgment, but denied 14% interest because the advocate never claimed it early.

What this practically means

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Executive summary

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Chaudhri & Associates Advocates moved the Environment and Land Court at Nairobi by Notice of Motion dated 8th May 2026, seeking judgment against Premier Homes and Properties Limited for Kshs 2,501,433.80 being certified advocate-client costs, plus interest at 14% per annum from 17th March 2025 under Rule 7 of the Advocates Remuneration Order 2014. The applicant had acted for the respondent in a 2014 property transaction and had its bill of costs taxed on 10th June 2025, with a certificate of taxation issued on 20th January 2026. The respondent was duly served but filed no response. The court framed one issue: whether judgment should be entered in accordance with the certificate of taxation. Applying Section 51(2) of the Advocates Act and Lubulellah & Associates Advocates v N.K. Brothers Limited, the court held that an unchallenged certificate of taxation is conclusive as to quantum and that no separate suit is needed; judgment on the certified sum was therefore entered. On interest, applying Kerongo & Company Advocates, the court held that the advocate failed to demonstrate that the claim for interest was raised before the bill was paid or tendered in full, as Rule 7 requires, and refused the 14% interest. The application was allowed in part: judgment for Kshs 2,501,433.80 plus costs of the application, but no interest.

Key legal issues

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01

Entry of judgment on a certificate of taxation under Section 51(2) of the Advocates Act

Holding

Judgment was entered for the certified sum of Kshs 2,501,433.80 as the certificate had not been set aside, altered or challenged by reference, and the retainer was not disputed.

Reasoning

The court applied Section 51(2) of the Advocates Act, which renders the taxing officer's certificate final as to the amount of costs unless set aside or altered by the court. The applicant established an advocate-client relationship; the bill was taxed on 10th June 2025 and a certificate issued on 20th January 2026. There was no reference or objection challenging the taxation, so the certificate was conclusive and judgment followed as of course.

p. 4
02

Entitlement to 14% interest under Rule 7 of the Advocates Remuneration Order

Holding

The claim for interest was refused because the applicant did not demonstrate that the claim for interest was raised before the bill was paid or tendered in full.

Reasoning

Rule 7 permits an advocate to charge 14% interest per annum from the expiration of one month from delivery of the bill, provided the claim for interest was raised before payment or tender in full. Relying on Kerongo & Company Advocates, the court found the applicant had not shown proof that the issue of interest was so raised, and therefore denied the interest.

p. 5

Legal principles established

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  • Once a bill of costs has been taxed and a certificate of taxation issued, and no reference is lodged against the ruling, the court need only enter judgment for the certified sum; no separate suit is required.
  • A certificate of taxation not set aside or altered by the court is final and conclusive as to the quantum of costs due.
  • An advocate must prove that a claim for interest under Rule 7 of the Advocates Remuneration Order was raised before the bill was paid or tendered in full to be entitled to 14% interest.

Court orders

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  1. 1.Judgment entered in favour of the Applicant against the Respondent for Kshs 2,501,433.80/-
  2. 2.The Applicant is awarded the costs of the application
Jurisdiction invoked
Advocates Act, Section 51(2); Advocates (Remuneration) Order 2014, Rule 7; Order 51 Rule 1 of the Civil Procedure 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, "Chaudhri & Associates Advocates v Premier Homes and Properties Limited (Environment and Land Miscellaneous Application E021 of 2025) [2026] KEELC 5091 (KLR)", Case Analysis (2026). ELC MISC. APPLICATION NO. E021 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5091/eng@2026-07-31

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