Titus Makhanu & Associates Advocates v Hall Equatorial Limited (Miscellaneous Application E281 of 2023) [2025] KEELRC 2901 (KLR)
The bottom line
#A Kenyan court ordered a client to pay their advocate's taxed legal fees of Kshs.69,959.40, but denied the higher 14% interest because it wasn't claimed in the bill of costs.
What this practically means
#Executive summary
#Key legal issues
#Entry of judgment for taxed advocate-client costs
Judgment was entered for the taxed and certified sum of Kshs.69,959.40 as the certificate was unchallenged and retainer undisputed
Section 51(2) of the Advocates Act makes the taxing officer's certificate final as to the amount of costs unless set aside or altered. The Respondent did not oppose entry of judgment; the sum was undisputed, the certificate unaltered, no reference pending, and the retainer was not denied. Following Lesinko Njoroge & Gathogo Advocates v Invesco Assurance Co. Ltd, judgment follows on application by notice of motion.
Entitlement to interest on taxed costs under Rule 7 of the Advocates (Remuneration) Order
The 14% interest claim under Rule 7 failed because interest was not included in the bill of costs, but the Court awarded interest at court rates under Section 26(1) of the Civil Procedure Act from the date of judgment
Rule 7 permits an advocate to charge 14% interest on disbursements and costs from one month after delivery of the bill, provided the claim for interest is raised before payment or tender in full. Relying on Otieno, Ragot & Company Advocates v Kenya Airports Authority, the Court found the Advocate never included an interest claim in the bill or any fee note, disqualifying him from Rule 7 interest. However, the Court retained discretion under Section 26(1) of the Civil Procedure Act to award interest at court rates when entering judgment.
Legal principles established
#- Under Section 51(2) of the Advocates Act, where costs have been taxed and certified, the certificate has not been set aside or stayed, and retainer is not disputed, judgment may be entered for the certified sum
- An advocate who omits a claim for 14% interest in the bill of costs cannot invoke Rule 7 of the Advocates (Remuneration) Order, but the court may exercise its discretion to award interest under Section 26(1) of the Civil Procedure Act when entering judgment
Court orders
#- 1.Judgment entered for the Advocate/Applicant against the Client/Respondent in the sum of Kshs.69,959.40, being the sum taxed and certified by the Taxing Officer
- 2.Interest at court rates, computed from the date of the Ruling (date of Judgment) until payment in full
- 3.Costs of the application awarded to the Advocate/Applicant, to be agreed or taxed
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act, Section 51(2) of the Advocates Act and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Titus Makhanu & Associates Advocates v Hall Equatorial Limited (Miscellaneous Application E281 of 2023) [2025] KEELRC 2901 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2901/eng@2025-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.