Njaeia v Mwangi
The bottom line
#A Kenyan court converted a lawyer's taxed fee certificate into an enforceable money judgment because the client never challenged it.
What this practically means
#Executive summary
#Key legal issues
#Requirements for entry of judgment under Section 51(2) of the Advocates Act
The Applicant satisfied the requirements and judgment was entered for the certified amount in terms of prayers 1, 2 and 3
The court reproduced Section 51(2), which makes the taxing officer's certificate final as to the amount of costs unless set aside or altered, and permits entry of judgment for the sum certified where the retainer is not disputed. The Respondent, though granted 21 days to respond, filed no response. The court found the motion had merit and allowed it in terms of prayers 1, 2 and 3.
Legal principles established
#- Where a retainer is not disputed and the certificate of taxation stands unchallenged, the court may enter judgment for the sum certified due under Section 51(2) of the Advocates Act
Court orders
#- 1.Judgment entered for the Applicant in terms of prayers 1, 2 and 3 of the notice of motion dated 19-7-2024, being Kshs 356,756.00 certified due following taxation of the bill of costs
- Jurisdiction invoked
- Section 51(2) of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njaeia v Mwangi", Case Analysis (2026). Environment and Land Miscellaneous Case E012 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5728/eng@2026-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.