Amondi and Co Advocates v County Government of Kisumu [2021] KEELRC 623 (KLR)
The bottom line
#A Kenyan court converted a law firm's taxed fees of Kshs. 862,100 into a judgment, but awarded interest only from the ruling date because the firm couldn't prove it served the client.
What this practically means
#Executive summary
#Key legal issues
#Whether the certificate of taxation should be adopted as judgment and decree of the court
Yes. Section 51(2) of the Advocates Act empowers the court to enter judgment on taxed costs absent a variation or setting aside of the certificate and absent a dispute as to retainer; both conditions were satisfied here and the certificate was adopted.
The costs of Kshs. 862,100/- were taxed on 17th February 2021 and a certificate dated 21st May 2021 issued. The amount was admitted by both parties, retainer was not denied, and the certificate had not been set aside or altered. Relying on Lubulellah & Associates and D Njogu & Company Advocates, the court held that no further action is required save entry of judgment, and adopted the certificate as judgment and decree.
Whether the applicant is entitled to interest at 14% from the date of filing the bill of costs (18th August 2020)
No. Interest under Rule 7 runs from the 30th day after service of the certificate of costs; absent proof of service, interest could only be awarded from the date of the ruling.
Rule 7 of the Advocates Remuneration Order provides for 14% interest payable from the 30th day after the bill of costs is delivered to the Respondent. The only document before the court was the certificate of costs; there was no affidavit of service or other evidence proving when service of the certificate was effected. Without proof of service the court could not compute the commencement date and limited interest to run from the date of the ruling.
Legal principles established
#- Once a certificate of costs has been issued and has not been set aside or varied, and there is no dispute as to retainer, the court need only enter judgment; the advocate need not file suit.
- Interest on taxed costs under Rule 7 of the Advocates Remuneration Order runs from the 30th day after service of the certificate of costs on the client, and proof of service is required.
Court orders
#- 1.The Certificate of Costs in respect of the taxation order made on 17th February, 2021 for Kshs. 862,100/- adopted as judgment and decree of the court
- 2.Interest at 14% per annum to run on the judgment sum from the date of the ruling until payment in full
- 3.Costs of the application awarded to the applicant
- Jurisdiction invoked
- Section 51(2) of the Advocates Act, Cap 16 Laws of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amondi and Co Advocates v County Government of Kisumu [2021] KEELRC 623 (KLR)", Case Analysis (2021). Application dated 24th May, 2021 (arising from Employment and Labour Relations Court Petition No. 39 of 2017, Kisumu). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/623/eng@2021-10-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.