Maina & Partners Advocates v Kwale International Sugar Co Ltd [2021] KEELRC 181 (KLR)
The bottom line
#A Kenyan court converted an advocate's taxed costs certificate into a money judgment, but blocked immediate collection until an unpaid-fees credit dispute is resolved.
What this practically means
#Executive summary
#Key legal issues
#Adoption of a certificate of costs into judgment under Section 51(2) of the Advocates Act
The unchallenged and unaltered taxing officer's certificate was adopted as judgment of the Court
The Court applied Section 51(2) of the Advocates Act, noting that the certificate of the taxing officer 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. Judgment was accordingly entered for the certified sum of ksh.126,483.90.
Effect of the taxing officer's direction for a credit to the Respondent across a series of twenty-four files
Execution of the decree was stayed until the credit issue is resolved between the parties
The Deputy Registrar's Ruling of 2nd October 2018 had indicated that of the ksh.1,725,000 paid as legal fees for twenty-four matters, credit was to be given to the Respondent. Because that credit remained unquantified and unresolved, the Court entered judgment but directed that the decree not be executed until the parties sort out the credit issue between themselves.
Interest on the decretal sum
Interest was granted at Court rates from the date of the Ruling, not at 14% from the taxation date as sought
The applicant sought adoption of the certificate with interest at 14% per annum from 2nd October 2018. The Court did not grant that rate or start date; instead it awarded interest at Court rates running from the date of the Ruling until payment in full, thereby varying the relief prayed.
Legal principles established
#- Under Section 51(2) of the Advocates Act, a taxing officer's certificate that has not been set aside or altered by the Court is final as to the amount of costs covered and may be adopted as a judgment where the retainer is not disputed
Court orders
#- 1.Judgment entered for the Applicant in the sum of ksh.126,483.90 being the costs certified by the taxing officer vide the Certificate of Costs dated 2nd October 2018 and issued on 3rd September 2021
- 2.Decree not to 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.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 181 (KLR)", Case Analysis (2021). Not stated in the judgment (Advocate/Client Bill of Costs taxation; Notice of Motion dated 12th October 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/181/eng@2021-12-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.