Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
ELRCAllowedKericho Misc. Application No. E018 of 2022 (arising from Kericho ELRC Petition No. 14 of 2020)· [2024] KEELRC 716 (KLR)

Manyonge Wanyama & Associates LLP v County Secretary, County Government of Kericho & 2 others (Miscellaneous Application E011 of 2023) [2024] KEELRC 716 (KLR)

Environment and Land Court
3 April 2024
DNDAVID NDERITU
616 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

A Kenyan law firm turned an unchallenged taxed costs certificate into a Kshs.2 million judgment against Kericho County, proving admitted debts can't hide behind 'no funds yet'.

What this practically means

#

Executive summary

#
The applicant law firm, Manyonge Wanyama & Associates LLP, moved the court by notice of motion dated 30th October, 2023 under section 51(2) of the Advocates Act seeking adoption of a Certificate of Costs dated 16th March, 2023 (issued by Deputy Registrar Aziza Ajwang) into judgment and decree, and leave to execute against the County Government of Kericho officials. The costs arose from legal services in Kericho ELRC Petition No. 14 of 2020 and were taxed at Kshs.2,034,669/=. The application was supported by an affidavit of Peter Wanyama, the managing partner, and was canvassed by written submissions. The respondents, through a replying affidavit sworn by County Attorney Gideon Mutai, acknowledged and admitted the debt, stating it would be settled once funds were available, but did not file submissions. The court found the taxing master's ruling, the certificate of costs and the certificate for order on costs against the government unchallenged, and the facts undisputed. Judgment was entered against the respondents jointly and severally for Kshs.2,034,669/= with interest at court rates from 16th March, 2023 until payment in full. The applicant was awarded costs of the application at Kshs.20,000/= and allowed to execute against the respondents in accordance with the law. Judgment was delivered virtually at Nakuru on 3rd April, 2024 by David Nderitu, Judge.

Key legal issues

#
01

Adoption of a certificate of costs into judgment under section 51(2) of the Advocates Act

Holding

Judgment entered for the applicant against the respondents jointly and severally for the taxed sum with interest from the date of taxation

Reasoning

The applicant's advocate/client bill of costs was taxed at Kshs.2,034,669/= and a certificate of costs issued. The respondents filed a replying affidavit in which the debt was acknowledged and admitted, and did not file submissions. The ruling of the taxing master, certificate of costs and certificate for order on costs against the government stood unchallenged, justifying entry of judgment.

p. 2

Legal principles established

#
  • A certificate of taxed costs unchallenged and where the debt is admitted may be adopted as a judgment of the court under section 51(2) of the Advocates Act

Court orders

#
  1. 1.Judgment entered against the respondents jointly and severally in the sum of Kshs.2,034,669/= with interest at court rates from 16th March, 2023 till payment in full
  2. 2.Costs of the application awarded at Kshs.20,000/=
  3. 3.Applicant allowed to execute against the respondents for the amounts due and payable in accordance with the law

Authorities

#

Legislation

  • Advocates Actsection 51(2)
Jurisdiction invoked
Section 51(2) of the Advocates Act

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Manyonge Wanyama & Associates LLP v County Secretary, County Government of Kericho & 2 others (Miscellaneous Application E011 of 2023) [2024] KEELRC 716 (KLR)", Case Analysis (2024). Kericho Misc. Application No. E018 of 2022 (arising from Kericho ELRC Petition No. 14 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/716/eng@2024-04-03

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