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ELRCAllowedNot stated in judgment· [2025] KEELRC 95 (KLR)

Benard Odero & Company Advocates v Simiyu (Miscellaneous Application E016 of 2024) [2025] KEELRC 95 (KLR)

High Court of Kenya
24 January 2025
ANAGNES KITIKU NZEI
462 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's High Court confirmed a client must pay Kshs.368,474 in legal fees because a taxed costs certificate is final unless challenged in court.

What this practically means

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Executive summary

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This was an unopposed Notice of Motion dated 7th August 2024 brought by Bernard Odero Okello Advocate under Section 51(1)(2) of the Advocates Act and Order 51 of the Civil Procedure Rules, seeking judgment against the Respondent client for Kshs.368,474/= as per the Certificate of Taxation, plus interest at 14% per annum from 18th July 2024, and costs of the application. The application was supported by the Advocate's affidavit deponing that the Deputy Registrar, as Taxing Officer, delivered a ruling on 18th July 2024 taxing the Advocate/Client Bill of Costs dated 30th January 2024 at Kshs.368,474/=, and that the decision had not been varied or set aside. The court, per Agnes Kitiku Nzei J, perused the record and confirmed the Taxing Officer's Ruling of 18th July 2024 and the subsequent Certificate of Costs issued on 2nd August 2024. Applying Section 51(2) of the Advocates Act, which renders a certificate of taxation final as to the amount of costs unless set aside or altered by the court, the court found the certificate unaltered, unchallenged and undisputed. Judgment was accordingly entered for the Applicant in the sum of Kshs.368,474/=, with a decree to issue. Interest was awarded at court rates from the date of taxation, 18th July 2024, until payment in full. Each party was ordered to bear its own costs of the application. The ruling was delivered virtually via Microsoft Teams on 24th January 2025 at Nairobi.

Key legal issues

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01

Whether judgment may be entered on the Certificate of Taxation

Holding

Judgment entered for the Applicant for Kshs.368,474/= as certified

Reasoning

The Taxing Officer's Ruling of 18th July 2024 taxed the Advocate/Client Bill of Costs at Kshs.368,474/=. The Certificate of Taxation issued on 2nd August 2024 had neither been altered nor set aside, nor shown to be the subject of any dispute. Under Section 51(2) of the Advocates Act the certificate is therefore final as to the amount of costs, entitling the court to enter judgment for the certified sum. The application was unopposed.

p. 2
02

Whether interest at 14% per annum from 18th July 2024 should be awarded

Holding

Interest awarded at court rates from the date of taxation until payment in full

Reasoning

The Applicant sought interest at court rates (14% per annum) from 18th July 2024. The court awarded interest at court rates calculated from the date of taxation (18th July 2024) until payment in full, tying the commencement date to the date of taxation rather than the certificate issuance.

p. 2

Legal principles established

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  • Under Section 51(2) of the Advocates Act, a certificate of taxation is final as to the amount of costs covered thereby unless set aside or altered by the court, and where the retainer is not disputed the court may enter judgment for the sum certified.

Court orders

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  1. 1.Judgment entered for the Applicant against the Respondent in the sum of Kshs.368,474/= being costs taxed on 18th July 2024 and certified on 2nd August 2024
  2. 2.A decree to issue accordingly
  3. 3.Interest on the decreed sum at court rates from the date of taxation (18th July 2024) until payment in full
  4. 4.Each party to bear its own costs of the application

Authorities

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Legislation

  • Advocates ActSection 51(1)(2)
  • Civil Procedure RulesOrder 51
Jurisdiction invoked
Section 51(1)(2) of the Advocates Act and Order 51 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, "Benard Odero & Company Advocates v Simiyu (Miscellaneous Application E016 of 2024) [2025] KEELRC 95 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/95/eng@2025-01-24

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