Maina & Partners Advocates v Kwale International Sugar Co Ltd [2021] KEELRC 160 (KLR)
The bottom line
#A Kenyan court converted an advocate's taxed costs certificate into a judgment, but paused collection until a fee credit dispute is resolved.
What this practically means
#Executive summary
#Key legal issues
#Adoption of the Certificate of Costs as a judgment of the Court
Judgment was entered for the certified sum of ksh.126,483.90 since the certificate had neither been altered nor set aside and the retainer was not disputed
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. The Respondent did not oppose the application and did not file any documents in opposition. The Court therefore adopted the certificate and entered judgment for the certified sum.
Effect of the taxing officer's direction on credit for fees paid in a series of 24 files
Execution of the decree was stayed pending resolution of the credit issue between the parties
Although the taxing officer gave the Respondent credit of ksh.1,750,000 for fees paid across twenty-four files in the series, the certificate was for ksh.126,483.90. To avoid injustice, the Court entered judgment but restrained execution until the credit issue is sorted out between the parties.
Interest on the decretal sum
Interest was awarded at Court rates from the date of the Ruling, not at the 14% sought from the 2018 taxation date
The applicant sought interest at 14% from 2nd October 2018. The Court exercised its discretion and awarded interest at Court rates running only from the date of the Ruling until payment in full.
Legal principles established
#- Under Section 51(2) of the Advocates Act, a taxing officer's certificate of costs is final as to the amount of costs covered thereby unless set aside or altered by the Court, and the Court may enter judgment for the certified sum where the retainer is not disputed
Court orders
#- 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.The decree shall not be executed against the Respondent until the issue of the credit ordered by the taxing officer to be given to the Respondent in a series of twenty-four (24) files is sorted out between the Applicant and the Respondent
- 3.Interest on the decretal sum at Court rates calculated from the date of the Ruling until payment in full
- Jurisdiction invoked
- Section 51(2) of the Advocates Act and Order 11(3) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Maina & Partners Advocates v Kwale International Sugar Co Ltd [2021] KEELRC 160 (KLR)", Case Analysis (2021). Misc. Application No 9 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/160/eng@2021-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.