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ELRCPartially AllowedMisc. Application No 3 of 2018· [2021] KEELRC 136 (KLR)

Maina and Partners Advocates v Kwale International Sugar Co Ltd [2021] KEELRC 136 (KLR)

Employment and Labour Relations Court
9 December 2021
737 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 a taxed certificate of costs into a judgment for Ksh.126,483.90, but blocked execution until a credit dispute over 24 files is resolved.

What this practically means

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Executive summary

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This was an application by an advocate, Kenneth Maina, seeking to adopt into a decree a certificate of costs issued in his favour against Kwale International Sugar Co. Ltd. The Deputy Registrar had, by Ruling delivered on 2nd October 2018, taxed the Advocate/Client Bill of Costs dated 7th March 2018 at ksh.126,483.90, while directing that the Respondent be given credit for legal fees paid across a series of twenty-four files. A Certificate of Costs for the taxed sum was issued on 3rd September 2021. By a Notice of Motion dated 12th October 2021 brought under Section 51(2) of the Advocates Act and Order 11(3) of the Civil Procedure Rules, the applicant sought adoption of the certificate into a judgment and decree with interest at 14% from 2nd October 2018 until payment in full, plus costs of the application. The application was served and the Respondent, acting through its in-house counsel, confirmed it was not opposing; no replying papers were filed. The court, per Agnes Kitiku Nzei, J, held that since the taxing officer's certificate had neither been set aside nor altered and was not in dispute, judgment should be entered for the certified sum of ksh.126,483.90. However, execution of the decree was suspended until the credit ordered by the taxing officer across the twenty-four files is sorted out between the parties. Interest was awarded at Court rates from the date of the ruling, not the 14% sought from the date of taxation.

Key legal issues

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01

Adoption of a certificate of taxation into a decree under Section 51(2) of the Advocates Act

Holding

Judgment entered for the taxed sum since the certificate was neither set aside nor altered and was not shown to be in dispute

Reasoning

The Deputy Registrar taxed the Advocate/Client Bill of Costs at ksh.126,483.90 and a certificate of costs was issued on 3rd September 2021. No opposition was filed and the Respondent confirmed it was not opposing. Under Section 51(2), such a certificate is final as to the amount certified, entitling the Court to enter judgment for the certified sum with costs.

p. 2
02

Effect of the taxing officer's direction that the Respondent be given credit for ksh.1,750,000 paid as legal fees across 24 files

Holding

Execution of the decree stayed until the credit issue between the parties is resolved

Reasoning

The taxing officer's Ruling indicated that some credit is to be given to the Respondent across a series of twenty-four files. Because this credit had not been sorted out, the court entered judgment for the certified sum but directed that the decree not be executed until the credit issue is resolved between the parties, protecting the Respondent from double payment.

p. 2

Legal principles established

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  • A taxing officer's certificate of costs that has not been set aside or altered by the Court, and whose retainer is not disputed, is final as to the amount of costs covered thereby and judgment may be entered for the certified sum

Court orders

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  1. 1.Judgment entered in the sum of ksh.126,483.90 being the Applicant's costs certified by the taxing officer vide the Certificate of Costs dated 2nd October 2018 and issued on 3rd September 2021
  2. 2.The decree shall not be executed against the Respondent until the issue of the credit ordered by the taxing officer in a series of twenty four (24) files is sorted out between the parties
  3. 3.Interest on the decretal sum at Court rates calculated from the date of the Ruling until payment in full

Authorities

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Legislation

  • Advocates ActSection 51(2)
  • Civil Procedure RulesOrder 11(3)
Jurisdiction invoked
Section 51(2) of the Advocates Act and Order 11(3) 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, "Maina and Partners Advocates v Kwale International Sugar Co Ltd [2021] KEELRC 136 (KLR)", Case Analysis (2021). Misc. Application No 3 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/136/eng@2021-12-09

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