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ELRCAllowedELRC Miscellaneous Application No. E 454 of 2025

Wesonga, Mutembei & Kigen Advocates v County Government of Embu

Employment and Labour Relations Court of Kenya
23 September 2026
1,058 words in judgment
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The bottom line

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A Kenyan court converted a law firm's taxed legal fees of Ksh. 1.67 million into an enforceable judgment against Embu County, plus 14% annual interest.

What this practically means

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Executive summary

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The Applicant law firm moved the ELRC at Nairobi by a notice of application dated 20th July 2026 seeking adoption of a Certificate of Taxation dated 16th July 2026 for Ksh. 1,672,656.90 as a judgment of the court, entry of judgment for that sum, and interest at 14% per annum from 30th March 2026 under rule 7 of the Advocates (Remuneration) Order. The taxation arose from a Bill of Costs dated 18th September 2025 for services rendered to the Respondent in Court of Appeal Civil Application No. E090 of 2022; the bill was served on 3rd March 2026 and the Taxing Master's ruling was delivered on 13th May 2026. The Respondent was served with the application, as evidenced by an affidavit of service dated 24th August 2026, but neither entered appearance nor filed a response, so the application proceeded as undefended. Relying on section 51(2) of the Advocates Act, the court held that a certificate of taxation not set aside or altered is final as to the amount of costs and may be made the basis of a judgment entry. Finding no evidence that the certificate had been disturbed, the court held the application merited. It entered judgment for Ksh. 1,672,656.90, awarded interest at 14% per annum from 3rd April 2026 until payment in full, and awarded costs of the application assessed at Ksh. 7,000.00. The ruling was delivered online pursuant to the Chief Justice's directions of 12th July 2022, with the parties' consent waiving rule 28(3) of the ELRC Procedure Rules.

Key legal issues

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01

Adoption of Certificate of Taxation as judgment

Holding

The Certificate of Taxation, not having been set aside or altered, represents the final figure due and judgment was entered for the taxed sum

Reasoning

Section 51(2) of the Advocates Act empowers the court to enter judgment for the amount certified by the Taxing Master where the retainer is not disputed and the certificate has not been set aside or altered. The Taxing Master taxed the Bill of Costs at Ksh. 1,672,656.90 and issued a Certificate of Taxation; no evidence showed the certificate was disturbed, so it was final and enforceable.

p. 4
02

Interest on taxed costs under rule 7

Holding

The Applicant was entitled to interest at 14% per annum on the taxed costs from the expiration of one month from delivery of the bill

Reasoning

Rule 7 of the Advocates (Remuneration) Order permits an advocate to charge interest at 14% per annum on disbursements and costs from the expiration of one month from delivery of the bill, provided the claim is raised before payment or tender in full. The bill was served on 3rd March 2026 and the claim for interest was raised before payment, so the plea was well founded.

p. 4

Legal principles established

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  • A Certificate of Taxation not set aside or altered by the Court is final as to the amount of costs and judgment may be entered for the sum certified
  • An advocate may charge interest at 14% per annum on costs from the expiration of one month from delivery of the bill, provided the claim for interest is raised before payment or tender in full

Court orders

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  1. 1.Judgment entered for the Applicant against the Respondent for Ksh. 1,672,656.90 in terms of the Certificate of Taxation dated 16th July 2026
  2. 2.Interest on the aforesaid sum at 14% per annum with effect from 3rd April 2026 till payment in full
  3. 3.Costs of the application assessed at Ksh. 7,000.00 awarded to the Applicant
Jurisdiction invoked
Section 51(2) of the Advocates Act; rule 7 of the Advocates (Remuneration) Order

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, "Wesonga, Mutembei & Kigen Advocates v County Government of Embu", Case Analysis (2026). ELRC Miscellaneous Application No. E 454 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2491/eng@2026-09-23

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