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ELRCAllowedKericho Misc. Application No. E018 of 2022· [2024] KEELRC 728 (KLR)

Manyonge Wanyama & Associates LLP v County Secretary, County Government of Kericho & 2 others (Miscellaneous Application E012 of 2023) [2024] KEELRC 728 (KLR)

Environment and Land Court
3 April 2024
DNDavid Nderitu
581 words in judgment
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The bottom line

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A Kericho court turned a law firm's unpaid Kshs.1.56 million legal fees bill into an enforceable judgment against Kericho County officials, who never bothered to respond.

What this practically means

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Executive summary

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This was an unopposed notice of motion dated 30th October 2023 by the law firm Manyonge Wanyama & Associates LLP under section 51(2) of the Advocates Act, seeking adoption of a Certificate of Costs dated 16th March 2023 as a judgment and decree of the court and leave to execute against three officers of the County Government of Kericho. The costs arose from the firm's representation in Kericho ELRC Petition No. 13 of 2017 and were taxed at Kshs.1,562,259/= by taxing master Aziza Ajwang (DR). The applicant supported the application with an affidavit of Peter Wanyama, exhibiting the taxation ruling, the certificate of costs, a certificate for order on costs against the government, and a demand notice dated 19th April 2023. Although the respondents were directed to file a response and submissions on 28th November 2023, they filed neither, leaving the application unopposed and the facts undisputed. Delivering judgment on 3rd April 2024, Nderitu J found that the taxation ruling and certificates stood unchallenged, entered judgment against the respondents jointly and severally for Kshs.1,562,259/= with interest at court rates from the date of taxation until payment in full, permitted the applicant to execute against the respondents in accordance with the law, and awarded costs of the application at Kshs.20,000/=.

Key legal issues

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01

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

Holding

The court entered judgment against the respondents jointly and severally for the taxed sum with interest from the date of taxation and permitted execution.

Reasoning

The application under section 51(2) of the Advocates Act was unopposed; no replying affidavit or submissions were filed by the respondents. The taxation ruling, certificate of costs and certificate for order on costs against the government were exhibited and stood unchallenged, and a demand notice dated 19th April 2023 was exhibited. The court agreed that judgment should be entered for the taxed amount with interest from the date of taxation.

p. 2

Legal principles established

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  • An unchallenged certificate of taxed advocate/client costs may be adopted as a judgment of the court under section 51(2) of the Advocates Act and execution may issue against the client.

Court orders

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  1. 1.Certificate of Costs dated 16th March 2023 for Kshs.1,562,259/= adopted as judgment and decree of the court against the respondents jointly and severally
  2. 2.Interest at court rates from 16th March 2023, the date of taxation, until payment in full
  3. 3.Applicant allowed to execute against the respondents for the amounts due and payable in accordance with the law
  4. 4.Costs of the application awarded at Kshs.20,000/=

Authorities

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Legislation

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

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, "Manyonge Wanyama & Associates LLP v County Secretary, County Government of Kericho & 2 others (Miscellaneous Application E012 of 2023) [2024] KEELRC 728 (KLR)", Case Analysis (2024). Kericho Misc. Application No. E018 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/728/eng@2024-04-03

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