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ELRCPartially AllowedNot stated in judgment (Advocate/Client Bill of Costs taxation proceedings)· [2021] KEELRC 182 (KLR)

Maina & Partners Advocates v Kwale International Sugar Co. Ltd [2021] KEELRC 182 (KLR)

Employment and Labour Relations Court
9 December 2021
ANAGNES KITIKU NZEI
737 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Mombasa court converted an advocate's taxed costs into judgment, 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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The Deputy Registrar taxed the Advocate/Client Bill of Costs dated 7th March 2018 at ksh.126,483.90 by a Ruling delivered on 2nd October 2018, in which he also directed that the Respondent be given credit for sums paid as legal fees across a series of twenty-four files. A Certificate of Costs for the taxed sum was issued on 3rd September 2021. The applicant, Kenneth Maina, then filed a Notice of Motion dated 12th October 2021 under Section 51(2) of the Advocates Act and Order 11(3) of the Civil Procedure Rules seeking that the certificate of costs be adopted into a decree and judgment with interest at 14% per annum from 2nd October 2018 until payment in full, plus costs of the application. The application was served, though the affidavit of service was filed belatedly, and no documents were filed in opposition. At the hearing on 16th November 2021, the Respondent's in-house counsel confirmed service and stated that the Respondent was not opposing the application. The Court, Agnes Kitiku Nzei J, applied Section 51(2) of the Advocates Act, under which a taxing officer's certificate is final as to the amount of costs unless set aside or altered by the Court. Since the certificate had been neither altered nor set aside and was undisputed, judgment was entered for ksh.126,483.90. However, because the taxing officer had ordered a credit to the Respondent across twenty-four files, the Court directed that the decree not be executed until that credit issue is sorted out between the parties. Interest was awarded at Court rates from the date of the Ruling, rather than at the 14% rate from 2018 sought by the applicant. No costs order was made.

Key legal issues

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01

Whether the certificate of costs should be adopted into judgment under Section 51(2) of the Advocates Act

Holding

Yes - the certificate was unaltered, unset aside and undisputed, so judgment was entered for the taxed sum

Reasoning

Section 51(2) provides that a taxing officer's certificate is final as to the amount of costs unless set aside or altered by the Court. The certificate dated 2nd October 2018 and issued on 3rd September 2021 had not been altered, set aside or shown to be disputed. Judgment was therefore entered for the certified sum of ksh.126,483.90.

p. 2
02

Whether execution should await the credit ordered in the taxing officer's Ruling

Holding

Yes - execution was stayed until the credit of the sum paid across 24 files is sorted out between the parties

Reasoning

The taxing officer's Ruling indicated that some ksh.1,750,000 paid to the claimant as legal fees for 24 matters under a series should be credited to the Respondent. Because this credit issue remained unresolved, the Court directed that the decree not be executed until the parties sort it out between themselves.

p. 2

Legal principles established

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  • A taxing officer's certificate of costs, unless set aside or altered by the Court, is final as to the amount of costs covered and the Court may enter judgment for the sum certified where the retainer is not disputed

Court orders

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  1. 1.Judgment entered for the applicant in the sum of ksh.126,483.90 as per 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 & Partners Advocates v Kwale International Sugar Co. Ltd [2021] KEELRC 182 (KLR)", Case Analysis (2021). Not stated in judgment (Advocate/Client Bill of Costs taxation proceedings). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/182/eng@2021-12-09

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