Manyonge Wanyama & Associate LLP v Kisii County Government (Miscellaneous Case E042 of 2025) [2025] KEELRC 2071 (KLR)
The bottom line
#A Kenyan court converted a law firm's taxed fee certificate into a Kshs.378,563 judgment against Kisii County, but refused direct execution against county officers.
What this practically means
#Executive summary
#Key legal issues
#Entry of judgment on a certificate of taxation under Section 51(2) of the Advocates Act
Judgment was entered for the advocate in the sum certified (Kshs.378,563.00) as the certificate had not been set aside or appealed against and retainer was undisputed
The court applied Section 51(2), under which the taxing officer's certificate is final as to the amount unless set aside or altered by the court. It adopted the reasoning in Lesinko Njoroge and Konosi that where the costs are taxed, certified, and retainer is not disputed, judgment is ordinarily entered upon application by Notice of Motion. The certificate dated 20th March 2025 was unaltered, so judgment followed.
Execution against the County Government and its officers
The court declined to grant immediate execution orders against the county officers, holding that execution against government is a distinct process governed by Section 21 of the Government Proceedings Act
The respondents objected that adoption of the certificate and execution could not be done simultaneously and that execution orders could only issue against the accounting officer upon failure to pay. The court agreed that execution against the national or county government is governed by the Government Proceedings Act, particularly Section 21, and therefore did not permit execution as sought.
Legal principles established
#- Where costs have been taxed and certified, the certificate has not been set aside, stayed or appealed against, and retainer is undisputed, the court's role is to enter judgment upon application under Section 51(2) of the Advocates Act
- Execution against the national or county government is governed by the Government Proceedings Act, in particular Section 21
Court orders
#- 1.The Certificate of Taxation dated 20th March, 2025 is adopted as an Order of the court and judgment entered in favour of the Applicant against the respondent in the sum of Kshs.378,563.00 as per the Certificate of Taxation
- 2.Parties shall bear their own costs
- 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 & Associate LLP v Kisii County Government (Miscellaneous Case E042 of 2025) [2025] KEELRC 2071 (KLR)", Case Analysis (2025). Not stated in the judgment (Notice of Motion dated 8th May, 2025; arises from Kisumu Misc. Application No. E049 of 2022). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2071/eng@2025-07-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.