Konosi t/a Konosi & Co Advocates v Musimoto Motor Company Ltd (Miscellaneous Application E002 of 2023) [2024] KEELRC 522 (KLR)
The bottom line
#A Kenyan court confirmed that clients must pay taxed advocate fees with interest from the taxation date, not earlier.
What this practically means
#Executive summary
#Key legal issues
#Entitlement to judgment on a consented certificate of costs under section 51(2) of the Advocates Act
Judgment was entered for the applicant as prayed since the costs were taxed by consent, no appeal or reference was filed, and the respondent made no payment or settlement proposal
The bill of costs dated 19th January, 2023 was taxed by consent of both counsel at Kshs 252,918.40 on 14th November, 2023 and a certificate issued on 20th November, 2023. The respondent was granted 14 days to respond to the application but filed nothing. Demand letters were exhibited and no payments, actions or settlement proposals were made. The court found no legal or other reason to deny the applicant the fruits of the consent taxation.
Date from which interest at 14% runs on taxed costs
Interest runs from the date of taxation (14th November, 2023), not from 24th July, 2022 as sought
Although the applicant sought interest from 24th July, 2022, the court held that the taxed amount became due and payable on the date of taxation, 14th November, 2023, and interest at 14% runs from that date.
Legal principles established
#- Where costs are taxed by consent and no appeal or reference is filed, the advocate is entitled to judgment on the certificate of costs with interest from the date of taxation
Court orders
#- 1.Judgment entered for the applicant against the respondent in the sum of Kshs 252,918.40 as per the certificate of costs dated 14th November, 2023
- 2.Interest at 14% on the taxed amount from 14th November, 2023 until payment in full
- 3.A decree to issue in respect of the certificate of costs, with liberty to execute
- 4.Costs of the application awarded to the applicant, assessed at Kshs 15,000/=
- Jurisdiction invoked
- Section 51(2) of the Advocates Act, section 27(2) of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Konosi t/a Konosi & Co Advocates v Musimoto Motor Company Ltd (Miscellaneous Application E002 of 2023) [2024] KEELRC 522 (KLR)", Case Analysis (2024). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/522/eng@2024-03-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.