Maina & Partners Advocates v Kwale International Sugar Co Ltd [2021] KEELRC 166 (KLR)
The bottom line
#Kenya's Employment Court confirmed an advocate can convert a taxed certificate of costs into a judgment debt, but execution can be paused over credit disputes.
What this practically means
#Executive summary
#Key legal issues
#Adoption of a certificate of costs into a decree
Judgment was entered for the certified sum of ksh.126,483.90 since the certificate was unaltered and undisputed
The Court applied Section 51(2) of the Advocates Act. The taxing officer's certificate dated 2nd October 2018 and issued on 3rd September 2021 had neither been altered nor set aside and was not shown to be disputed. The Respondent did not oppose the application. The only qualification was the taxing officer's direction that the Respondent be given credit for fees paid in a series of 24 files, which the Court accommodated by suspending execution until that credit is resolved.
Interest on the certified sum
Interest awarded at Court rates from the date of the Ruling, not the 14% from October 2018 sought by the applicant
Although the applicant sought interest at 14% per annum from 2nd October 2018, the Court exercised its discretion to award interest at Court rates running only from the date of the Ruling until payment in full, thereby partially declining the relief sought.
Legal principles established
#- Under Section 51(2) of the Advocates Act, a taxing officer's certificate that has not been set aside or altered is final as to the amount of costs and the Court may enter judgment for the sum certified 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 in a series of twenty four (24) files is sorted out between the Applicant and the Respondent
- 3.Interest on the decretal sum shall be 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 166 (KLR)", Case Analysis (2021). Misc. Application No 22 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/166/eng@2021-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.