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ELRCPartially AllowedNot stated in the judgment as provided (Taxation cause/Motion dated 17 October 2024, amended 29 October 2024)· [2025] KEELRC 554 (KLR)

V Chokaa & Company Advocates v Roy Hauliers Limited (Miscellaneous Application E233 of 2024) [2025] KEELRC 554 (KLR)

Employment and Labour Relations Court
27 February 2025
RSRadido Stephen
397 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court confirmed that advocates must get a Certificate of Taxation adopted as a court judgment before collecting unpaid legal fees from a client.

What this practically means

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Executive summary

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V. Chokaa & Co. Advocates (the advocate) had its Advocate–Client Bill of Costs against Roy Hauliers Ltd (the Respondent) taxed on 30 September 2024. By a Motion dated 17 October 2024 and amended on 29 October 2024, the advocate sought entry of judgment in the sum of Kshs 137,800/- in accordance with the Certificate of Taxation, together with interest at 14% per annum from 8th August 2024 until payment in full. The Motion was served on the Respondent on 4 November 2024, but the Respondent filed no response. After directions for the exchange of submissions, only the advocate's submissions were on record. The Court, per Radido Stephen, J, held that the Respondent had not opposed the Motion and had not demonstrated that it had settled the taxed costs arising from professional legal services rendered by the advocate, and that an advocate cannot execute without the adoption of the Certificate of Costs by the Court. Finding no opposition, the Court allowed the Amended Motion and ordered that judgment be entered for the advocate against the Respondent in the sum of Kshs 45,285/-, with interest on the costs at 14% from the date of taxation, and awarded the advocate the costs of the Motion. The judgment was delivered virtually, dated and signed in Nairobi on 27 February 2025. Waruiru Karuku & Mwangale Advocates appeared for the Respondent.

Key legal issues

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01

Adoption of the Certificate of Taxation as a judgment of the Court

Holding

The Court allowed the unopposed Motion and entered judgment for the advocate on the taxed costs

Reasoning

The advocate's Bill of Costs was taxed on 30 September 2024. The Respondent was served on 4 November 2024 but filed no response and led no evidence of settlement. Because an advocate cannot execute without adoption of the Certificate of Costs by the Court, the Court treated the absence of opposition as uncontroverted and entered judgment accordingly, with interest on costs at 14% from the date of taxation and costs of the Motion to the advocate.

p. 2

Legal principles established

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  • An advocate cannot execute against a client for taxed costs without the Court first adopting the Certificate of Costs
  • A Respondent who neither opposes a Motion nor demonstrates settlement of taxed costs risks judgment being entered on the Certificate of Taxation

Court orders

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  1. 1.The Amended Motion dated 29 October 2024 is allowed on the terms:
  2. 2.Judgment is entered for the advocate against the Respondent in the sum of Kshs 45,285/-
  3. 3.The Respondent to pay interest on the costs at 14% from the date of taxation
  4. 4.The advocate to have costs of the Motion
Jurisdiction invoked
Original jurisdiction to adopt and enforce a Certificate of Taxation of an Advocate–Client Bill of Costs (reference to entry of judgment in accordance with the Certificate of Taxation filed with the Plaint)

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, "V Chokaa & Company Advocates v Roy Hauliers Limited (Miscellaneous Application E233 of 2024) [2025] KEELRC 554 (KLR)", Case Analysis (2025). Not stated in the judgment as provided (Taxation cause/Motion dated 17 October 2024, amended 29 October 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/554/eng@2025-02-27

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