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ELRCAllowedNot stated in the judgment· [2025] KEELRC 3704 (KLR)

SI. Mwaura & Company Advocates v Meditest Diagnostics Services Limited (Miscellaneous Application E352 of 2024) [2025] KEELRC 3704 (KLR)

Employment and Labour Relations Court (inferred; the judgment does not name the court on its face)
19 December 2025
ANAgnes Kitiku Nzei
809 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 converted an advocate's taxed fee certificate of Kshs.1,416,975 into an enforceable judgment with interest because the client never challenged it.

What this practically means

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Executive summary

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This ruling by Agnes Kitiku Nzei, Judge, determines an unopposed Notice of Motion dated 21st July 2025 brought by the Applicant advocate under section 51(2) of the Advocates Act, seeking adoption of a Certificate of Taxation dated 15th July 2025 as a judgment and decree, entry of judgment for Kshs.1,416,975 with interest at court rates from the date of taxation, and costs. The supporting affidavit deponed that the advocate-client Bill of Costs was taxed at Kshs.1,416,975 by a ruling of 14th July 2025, the certificate was served, but the Respondent refused to settle the taxed costs; no reference or application to vary or set aside the certificate was filed and no stay was in place. The application was not certified urgent; directions for a response and submissions were given, but no response was filed. When the matter came up on 7th October 2025, Respondent's counsel said he was instructed to file a reference against the taxation and was given 14 days, but on 1st December 2025 there was no appearance and nothing was filed, leaving the application unopposed. Applying section 51(2), the court held that the certified sum had not been set aside or altered and the retainer was not denied, and accordingly allowed the application: judgment was entered for the Applicant against the Respondent for Kshs.1,416,975, with interest at court rates from the date of taxation until payment in full, a decree to issue, and costs of the application awarded to the Applicant, to be agreed or taxed.

Key legal issues

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01

Whether a Certificate of Taxation may be converted into judgment under section 51(2) of the Advocates Act

Holding

Judgment was entered for the taxed sum because the certificate had not been set aside or altered and the retainer was not disputed, the Respondent having filed no response.

Reasoning

The court applied section 51(2) of the Advocates Act, under which a taxing officer's certificate is final as to the amount of costs unless set aside or altered by the Court. No reference or application to vary or set aside the certificate had been filed, there was no stay in place, and the Respondent, though given adequate time and opportunity, filed no response and did not appear. The retainer was not denied.

p. 2

Legal principles established

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  • 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 certified sum.

Court orders

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  1. 1.Judgment entered for the Applicant against the Respondent in the sum of Kshs.1,416,975/= being the Applicant's taxed and certified costs
  2. 2.Interest at Court rates on the decreed sum calculated from the date of taxation until payment in full
  3. 3.A decree shall issue
  4. 4.Costs of the application awarded to the Applicant, to be agreed or taxed
Jurisdiction invoked
Section 51(2) of the Advocates 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, "SI. Mwaura & Company Advocates v Meditest Diagnostics Services Limited (Miscellaneous Application E352 of 2024) [2025] KEELRC 3704 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/3704/eng@2025-12-19

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