Dennis Anyoka Moturi & Company Advocates v Susan Nduta Kimani
The bottom line
#A Kenyan court converted a law firm's taxed legal fees into a judgment debt of Kshs. 305,449.60, but refused 14% interest because the firm never claimed interest early.
What this practically means
#Executive summary
#Key legal issues
#Whether judgment should be entered on the Certificate of Costs under Section 51(2) of the Advocates Act
Judgment was entered for the Applicant for Kshs. 305,449.60/= because the Certificate of Taxation had not been set aside or varied.
Section 51(2) makes the taxing officer's certificate final as to the amount of costs unless set aside or altered by the Court. The Applicant's Bill of Costs was taxed on 24th February 2026 and a Certificate of Taxation issued on 2nd June 2026 for Kshs. 305,449.60/-. The Respondent, though served, filed no response and did not dispute the retainer or the certificate. Following Lubulellah & Associates Advocates v N.K. Brothers Limited, no further action beyond entering judgment was required.
Whether interest at 14% per annum was payable under Rule 7 of the Advocates Remuneration Order
Interest was refused because the Applicant did not prove that the claim for interest was raised before the bill was paid or tendered in full.
Rule 7 of the Advocates Remuneration Order permits interest at 14% per annum from the expiration of one month from delivery of the bill, provided the claim for interest was raised before the amount of the bill was paid or tendered in full. Relying on Kerongo & Company Advocates vs Africa Assurance Merchant Co. Ltd, the court held that an advocate who provides no proof of having raised the issue of interest cannot be awarded interest under Rule 7. The Applicant gave no such demonstration.
Legal principles established
#- A Certificate of Taxation is final and conclusive as to the amount of costs due unless set aside or altered by the Court; where the retainer is not disputed, the Court need only enter judgment.
- An advocate cannot be awarded interest under Rule 7 of the Advocates Remuneration Order without proof that the claim for interest was raised before the bill was paid or tendered in full.
Court orders
#- 1.Judgment entered in favour of the Applicant against the Respondent for the sum of Kshs. 305,449.60/=
- 2.The Advocate/Applicant awarded costs of the application
- Jurisdiction invoked
- Section 51(2) of the Advocates Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dennis Anyoka Moturi & Company Advocates v Susan Nduta Kimani", Case Analysis (2026). ELC Misc Application No. E001 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6176/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.