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ELCAllowedTHIKA ELC MISC E003 OF 2024· [2026] KEELC 5134 (KLR)

Ashiruma and Company Advocates v Ngumi & 2 others (Environment and Land Miscellaneous Case E003 of 2024) [2026] KEELC 5134 (KLR)

Environment and Land Court
20 July 2026
JOJ. M. ONYANGO
650 words in judgment
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The bottom line

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A Kenyan court confirmed that an advocate can convert an uncontested taxed fee certificate directly into a court judgment and pursue execution without filing a fresh suit.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Thika (J. M. Onyango, J) determined a notice of motion dated 4 July 2026 by Messrs Ashiruma and Co. Advocates seeking adoption of a Certificate of Taxation issued on 25 April 2025 for KES 187,751 as judgment and decree of the Court, issuance of warrants of attachment and sale to High Class Auctioneers, and costs. The application was supported by an affidavit of Mr. Hebert Ashiruma, who deponed that the respondent had been informed of the certificate of taxation but had not settled it. The court applied section 51(2) of the Advocates Act, which makes a taxing officer's certificate final as to the amount of costs unless set aside or altered by the court, and which permits entry of judgment for the certified sum where the retainer is not disputed. The court held that an advocate is entitled to apply for entry of judgment where the certificate has not been set aside, retainer is undisputed and no reference is pending, and found the threshold satisfied on the pleadings. Relying on Lubulellah & Associates Advocates v N. K. Brothers Limited, the court confirmed that no separate suit is needed for recovery of taxed costs. Judgment was entered for the applicant for KES 187,751 and the applicant was granted liberty to pursue execution proceedings. The court made no express order on the costs of the application.

Key legal issues

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01

Adoption of a certificate of taxation as judgment under section 51(2) of the Advocates Act

Holding

The certificate of taxation dated 25 April 2025 for KES 187,751 was uncontested and judgment was entered for that sum.

Reasoning

Section 51(2) of the Advocates Act makes the taxing officer's certificate final as to the amount of costs unless set aside or altered by the court. Where retainer is not disputed and no reference is pending, the court may enter judgment for the certified sum. The court found the threshold met on the pleadings and relied on Lubulellah & Associates Advocates v N. K. Brothers Limited.

p. 3

Legal principles established

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  • An advocate is entitled to apply for entry of judgment on a certificate of taxation where the certificate has not been set aside, there is no dispute as to retainer and no pending reference by the respondent.

Court orders

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  1. 1.Judgment entered in favour of the applicant advocate on the taxed costs of KES 187,751 as per the certificate of taxation dated 25th April 2025
  2. 2.The Applicant is at liberty to pursue execution proceedings

Authorities

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Legislation

  • Advocates ActSection 51(2)

Cases cited (1)

  • Lubulellah & Associates Advocates Vs N. K. Brothers Limited
    (2014) eKLR
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, "Ashiruma and Company Advocates v Ngumi & 2 others (Environment and Land Miscellaneous Case E003 of 2024) [2026] KEELC 5134 (KLR)", Case Analysis (2026). THIKA ELC MISC E003 OF 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5134/eng@2026-07-20

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