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ELRCDismissedMotion dated 24 September 2018 (Advocate/Client costs)· [2019] KEELRC 2351 (KLR)

C.M. Ongoto & Co Advocates v Kenya Union of Domestic, Hotels, Educational Institutions & Allied Workers [2019] KEELRC 2351 (KLR)

Employment and Labour Relations Court
8 February 2019
RSRadido Stephen
541 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 refused to convert taxed legal fees into judgment because the certificate of taxation was signed by the wrong officer and described the wrong type of costs.

What this practically means

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Executive summary

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C.M. Ongoto & Co. Advocates moved the Employment and Labour Relations Court at Nairobi by a notice of motion dated 24 September 2018 seeking judgment against the respondent for Kshs 5,258,274.12 plus certified costs and interest, on the basis that the respondent had instructed it in Petition No. 16 of 2013 and failed to pay professional fees which were taxed on 28 August 2018. The respondent did not attend the hearing on 4 December 2018 despite service evidenced by an affidavit of service sworn by Kennedy Nyamweya, and the application proceeded unopposed. Examining the record ex tempore, the Court noted the taxing ruling had been delivered on 10 April 2018 by Hon. W. Ngumi, but the Certificate of Taxation was issued on 28 August 2018 by Hon. Daisy Mutai, a different officer, and on its face related to party and party costs even though the bill taxed on 14 May 2018 was an advocate and client bill. Relying on D. Njogu & Co. Advocates v Kenya National Capital Corporation and Ahmednasir Abdikadir & Co. Advocates v National Bank of Kenya Ltd, the Court endorsed the position that a certificate of taxation signed by a person other than the Taxing Officer is a non-starter and cannot found further court orders. It further held that a party and party certificate could not support judgment on an advocate and client bill. The certificate was therefore held not final, defective and incompetent, and the motion was dismissed on 8 February 2019 with no order as to costs. Radido Stephen delivered the judgment.

Key legal issues

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01

Validity of Certificate of Taxation not signed by the Taxing Officer

Holding

Such a certificate is defective and cannot found entry of judgment

Reasoning

Following D. Njogu & Co. Advocates v Kenya National Capital Corporation and Ahmednasir Abdikadir & Co. Advocates v National Bank of Kenya Ltd, the Court endorsed the High Court view that a certificate signed by someone other than the taxing officer is a non-starter. Here the ruling was delivered by Hon. W. Ngumi but the certificate issued by Hon. Daisy Mutai.

p. 1
02

Mismatch between party and party certificate and advocate/client bill

Holding

A certificate showing party and party costs cannot support judgment on an advocate and client bill of costs

Reasoning

The certificate on its face indicated party and party costs whereas the bill taxed on 14 May 2018 was an advocate and client bill. This discrepancy, together with the defective signature, rendered the certificate not final and incompetent as a basis for the orders sought.

p. 1

Legal principles established

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  • A Certificate of Taxation signed by a person other than the Taxing Officer who taxed the bill cannot be the foundation of further Court orders

Court orders

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  1. 1.The application dated 24 September 2018 is dismissed
  2. 2.No order as to costs

Authorities

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Cases cited (2)

  • D. Njogu & Co. Advocates v Kenya National Capital Corporation
    (2006) eKLR
  • Ahmednasir Abdikadir & Co. Advocates v National Bank of Kenya Ltd
    (2007) eKLR
Jurisdiction invoked
Inherent jurisdiction to enforce taxed advocate/client costs (not expressly stated in judgment)

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, "C.M. Ongoto & Co Advocates v Kenya Union of Domestic, Hotels, Educational Institutions & Allied Workers [2019] KEELRC 2351 (KLR)", Case Analysis (2019). Motion dated 24 September 2018 (Advocate/Client costs). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2351/eng@2019-02-08

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