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ELRCPartially AllowedNot stated in judgment· [2025] KEELRC 1979 (KLR)

Kinyanjui t/a Vivian Kinyanjui Advocates & Commercial Conveyancer v Mbugua (Employment and Labour Relations Miscellaneous E050 of 2024) [2025] KEELRC 1979 (KLR)

High Court of Kenya
4 July 2025
AMANNA NGIBUINI MWAURE
1,209 words in judgment
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The bottom line

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A Kenyan High Court ruled that an advocate can turn an unchallenged taxed fee certificate directly into a court judgment, with 14% annual interest, without filing a separate lawsuit.

What this practically means

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Executive summary

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This was an advocate-client fee recovery application by way of Notice of Motion dated 30th May 2025 seeking adoption of a Certificate of Costs dated 27th May 2025 as judgment, together with interest at 14% per annum from 2nd June 2025. The Applicant advocate was instructed on 16th November 2022 to file an appeal against the dismissal of Nakuru CM ELRC Cause No. 256 of 2019 and to handle a related unlawful termination claim. The appeal concluded successfully on 7th May 2024, after which the Respondent client appointed P.K. Ndichu & Associates, with a Notice of Change served on 1st August 2024, without paying the Applicant, fees having been deferred for taxation. The Advocate-Client Bill of Costs was taxed on 2nd April 2025 and no objection was filed. The Respondent was served but filed no response. Relying on section 51(2) of the Advocates Act and authorities including Otieno, Ragot & Company Advocates v Kenya Airports Authority and Nganga t/a Nganga & Co Advocates v Mburu, the court held that an unchallenged Certificate of Costs in an undisputed advocate-client relationship should be adopted as judgment, and criticised clients who evade fees by changing advocates. The application was granted: the certificate was adopted as judgment, the Respondent to pay interest at 14% per annum until full payment, and each party to bear their own costs. Judgment delivered virtually at Nakuru on 4th July 2025 by Anna Ngibuini Mwaure, Judge.

Key legal issues

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01

Whether an unchallenged Certificate of Costs should be adopted as judgment of the Court

Holding

Yes - the Certificate of Costs dated 27th May 2025 was adopted as judgment since it was unchallenged and the advocate-client relationship undisputed

Reasoning

Section 51(2) of the Advocates Act provides that a taxing officer's certificate is final as to the amount of costs unless set aside or altered by the Court. No objection was filed to the taxed bill. Following Nganga and Otieno, Ragot & Company Advocates, the court adopted the certificate as judgment. The court also observed that clients should not evade payment by simply changing legal representation.

p. 3

Legal principles established

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  • An unchallenged Certificate of Costs in an undisputed advocate-client relationship should be adopted as judgment
  • Once a taxing officer has assessed costs and no reference or appeal is filed, the court's only remaining role is to enter judgment; no separate suit is needed
  • Interest at 14% per annum on taxed costs accrues 30 days post-ruling

Court orders

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  1. 1.The Certificate of Costs dated 27th May 2025 adopted and entered as judgment of the Court
  2. 2.Interest at 14% per annum until full payment, payable by the Respondent
  3. 3.Each party to bear their own costs
Jurisdiction invoked
Section 51(2) of the Advocates Act; Schedule VI of the Advocates Remuneration Order 2014; sections 1A and 3A of the Civil Procedure 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, "Kinyanjui t/a Vivian Kinyanjui Advocates & Commercial Conveyancer v Mbugua (Employment and Labour Relations Miscellaneous E050 of 2024) [2025] KEELRC 1979 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/1979/eng@2025-07-04

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