Steven Muregi Chege t/a S.M. Chege Advocates v Hellena N. Mungai
The bottom line
#A formal Certificate of Taxation is conclusive evidence of legal fees unless you can provide documented proof of a correction or payment.
What this practically means
#Executive summary
#Key legal issues
#Effect of a regular certificate of taxation under section 51(2) of the Advocates Act
The court cannot look behind a valid, regular certificate of taxation where no review or appeal against the taxation is shown.
The applicant annexed a Certificate of Taxation by the Deputy Registrar dated 22nd October 2018 for Ksh 292,575.20. The respondent asserted the bill had been rectified and taxed at Ksh 74,090, but produced no amended certificate, taxation ruling or review/appeal. The court therefore treated the certificate as conclusive and entered judgment on it, while granting a 30-day stay for the respondent to produce proof of correction or payments.
Burden of proving payments made to the advocate
The respondent's assertions of payments totalling Ksh 89,000 were not conclusively proved; only Mpesa annexures and a Ksh 5,000 disbursement receipt were before the court, without highlighting the specific payments relating to legal fees.
The court found the respondent's replying affidavit gave a contrary view but that proof of payments other than the Mpesa annexures and the Ksh 5,000 receipt was not confirmed, nor were the specific Mpesa payments relating to legal fees highlighted. It therefore required documentary proof of actual payments as a condition attached to the stay.
Legal principles established
#- In the absence of a review or appeal against a certificate of taxation, the court must rely on the certificate as filed until an amended/corrected one is availed.
Court orders
#- 1.Judgment entered on the certificate of taxation of 22nd October 2018 for Ksh 292,575.20 with interest and costs of the application against the applicant
- 2.Temporary stay of execution for 30 days from the date of delivery of the ruling granted to the respondent to avail court order, ruling and/or proceedings confirming amendment/correction of the certificate of taxation
- 3.Documentary proof to be availed to court of actual payments made towards settlement of legal fees
- 4.In default, extension of the judgment and to proceed
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act, Cap 21 and section 51(2) of the Advocates Act, Cap 16
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Steven Muregi Chege t/a S.M. Chege Advocates v Hellena N. Mungai", Case Analysis (2019). Notice of Motion dated 19th February 2019 (ruling delivered 20th September 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/kehc/2019/12348/eng@2019-09-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.