SI. Mwaura & Co. Advocates v Meditest Diagnostics Services Ltd
The bottom line
#A Kenyan court confirmed that advocates can convert an unchallenged certificate of taxation into an enforceable judgment, with interest, against clients who refuse to pay.
What this practically means
#Executive summary
#Key legal issues
#Entry of judgment on a certificate of taxation in an unopposed application
The prayer for entry of judgment in terms of the taxed and certified costs succeeded; no reference or application to set aside the certificate had been filed.
Section 51(2) of the Advocates Act makes a taxing officer's certificate final unless set aside or altered. The court adopted the Lesinko Njoroge test: costs taxed and certified, certificate not set aside, stayed or appealed, and no dispute on retainer. All three conditions were met and the application was unopposed despite service.
Interest on taxed advocate-client costs
Interest at Court rates was awarded from the date of certification of the taxed costs until payment in full, pursuant to Section 27(2) of the Civil Procedure Act and Rule 7 of the Advocates (Remuneration) Order.
The court noted the sum sought comprised taxed costs and invoked the statutory power to award interest on costs at up to 14% per annum, echoed by Rule 7 of the Advocates (Remuneration) Order allowing 14% per annum on disbursements and costs.
Legal principles established
#- A certificate of taxation is final as to the amount of costs unless set aside or altered by the Court, and judgment may be entered for the certified sum where retainer is not disputed.
- Interest on advocate-client costs may be awarded at up to 14% per annum under Section 27(2) of the Civil Procedure Act and Rule 7 of the Advocates (Remuneration) Order.
Court orders
#- 1.Judgment entered for the Advocate against the Client/Respondent in the taxed and certified sum of Kshs.136,050/=
- 2.The said sum shall attract interest at Court rates, computed from the date of certification of the taxed costs until payment in full
- 3.A decree shall issue in the manner provided in the Civil Procedure Rules and Section 13 of the Employment and Labour Relations Court Act
- 4.Costs of the application awarded to the Advocate/Applicant, to be agreed or taxed
- Jurisdiction invoked
- Section 51(2) of the Advocates Act; Section 13 of the Employment and Labour Relations Court Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "SI. Mwaura & Co. Advocates v Meditest Diagnostics Services Ltd", Case Analysis (2026). Misc. Cause No. E350 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2679/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.