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High CourtAllowed

Kimani & Murithi Advocates v Respondent

High Court of Kenya
7 May 2010
William OukoW. Ouko
392 words in judgment
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The bottom line

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The High Court ruled that a lawyer's taxed fee certificate is final, allowing judgment for unpaid fees unless the client challenges it.

What this practically means

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Executive summary

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The applicants, a firm of advocates instructed by the respondent on 6th February 1997 in Nakuru C.M.C.C. No. 1558 of 1996, acted on the brief until the respondent withdrew instructions on 13th February 1998 without paying professional fees. They filed a bill of costs which the Deputy Registrar taxed at Kshs. 89,126.85 and issued a Certificate of Taxation. The costs remained unpaid, prompting the present Notice of Motion dated 13th July 2006 seeking entry of judgment for the taxed sum, brought under section 51(2) of the Advocates Act, paragraph 7 of the Advocates (Remuneration) (Amendment) Order (L.N. 550 of 1997) and Order 50 rule 1 of the Civil Procedure Rules. The respondent filed a notice of preliminary objection contending the application was incompetent, defective and premature but, despite service of the hearing notice, neither the respondent nor counsel attended to canvass it. Ouko J held that a certificate of taxation is prima facie evidence of the amount taxed and final unless set aside or altered by the court; no evidence showed the certificate had been set aside or varied. Since the retainer was not disputed, section 51(2) permitted entry of judgment for the certified sum. The application was allowed with costs in terms of prayer 1 of the motion, with judgment entered for Kshs. 89,126.85.

Key legal issues

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01

Finality of a certificate of taxation and entry of judgment under s.51(2) Advocates Act

Holding

The taxing officer's certificate is prima facie evidence of the taxed amount and final unless set aside or varied; where the retainer is not disputed, the court may enter judgment for the certified sum.

Reasoning

The Taxation Certificate annexed to the application was prima facie evidence the bill was taxed at Kshs. 89,126.85. The certificate was never set aside or varied and no evidence to that effect was presented. The retainer was undisputed, as the respondent did not attend despite service, so the statutory condition for entry of judgment was satisfied.

p. 1

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 covered, and judgment may be entered for the certified sum where retainer is not disputed.

Court orders

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  1. 1.Judgment entered for the applicants in terms of prayer 1 of the Notice of Motion dated 13th July, 2006
  2. 2.Applicants awarded costs of the application
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, "Kimani & Murithi Advocates v Respondent", Case Analysis (2010). . Source:

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