Obiero t/a C Obiero & Associate Advocates v Migori County Assembly Service Board & another
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Respondents' Notice of Objection dated 2nd June 2026 was validly filed absent payment of requisite court fees
- 2.Whether the Certificate of Taxation issued on 26th May 2026 should be converted into a judgment and decree of the Court with interest
Key legal issues
#Status of a document uploaded to the e-filing portal without payment of court fees
Such a document is not a duly filed court document; the Notice of Objection was incompetent and of no effect.
The Court examined the status of the Notice of Objection on the Judiciary portal and the Applicant's evidence (annexture CO-5A) that no requisite payment was made. It held that filing requires payment of fees; uploading alone is mere 'putting' and confers no status on the document, so no competent objection existed.
Enforceability of the Certificate of Taxation under section 51(2) of the Advocates Act
With no valid objection pending, the Certificate of Costs remains valid and enforceable and was properly converted into a judgment and decree with interest.
The Respondents' objection was incompetent for want of payment, so their Rule 11(2) argument about awaiting reasons for the decision fell away. The taxed costs of Kshs. 479,682/- were unchallenged, entitling the Applicant to judgment, decree and interest at court rates until payment in full.
Legal principles established
#- Posting a document on the Judiciary e-filing portal without payment of requisite court fees does not constitute valid filing; such a document has no legal status as a filed court document.
- Where there is no valid objection to a taxed bill of costs, the Certificate of Costs remains valid and enforceable under section 51(2) of the Advocates Act and may be converted into a decree.
Court orders
#- 1.The Certificate of Taxation dated 26th May 2026 is converted into a judgment and decree of the Court
- 2.Interest at court rates until payment in full
- 3.The application is allowed with costs to the Applicant
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Section 51(2) of the Advocates Act; Employment and Labour Relations Court (Procedure) Rules
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
merely posting a document on the Judiciary e-filing portal without requisite payment of court fees is merely pung. There is no validly filed Notice of Objection to taxation.
There being no objection to the bill of costs, pursuant to section 51(2) of the Advocates Act, the Certificate of Costs the Applicant seeks to convert into a decree of this Court remains valid and enforceable.
In the premises the motion by the Applicant is for grant. It is allowed with costs to the Applicant.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Obiero t/a C Obiero & Associate Advocates v Migori County Assembly Service Board & another", Case Analysis (2026). Miscellaneous Application E005 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2463/eng@2026-09-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.