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Case Brief · caselaw.co.ke
High CourtAllowed

Julius Orenge Advocate t/a Orenge J & Associates v Directline Assurance Company

High Court of Kenya
9 July 2026
1,222 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~5 min to read original · ~4 min brief

The bottom line

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If your legal fees are taxed and you do not formally dispute the amount, the court can rule in your favor without a full trial.

What this practically means

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Executive summary

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The High Court at Kiambu (Bahati Mwamuye J) allowed the Advocate/Applicant's Notice of Motion dated 22nd January 2026 seeking entry of judgment on a Certificate of Taxation under Section 51(2) of the Advocates Act, Section 3A of the Civil Procedure Act and the Court's inherent jurisdiction. The Applicant, Julius Orenge Advocate t/a Orenge J & Associates, had rendered legal services to Directline Assurance Company in various civil matters; his Advocate-Client Bill of Costs was taxed on 12th November 2025 at Kshs. 120,618/= and a Certificate of Taxation issued. The Respondent neither entered appearance nor filed any response, reference, or application to set aside, vary or review the certificate, despite being served with the application (Affidavit of Service sworn 10th April 2026) and a mention notice (further Affidavit sworn 18th June 2026). The Court framed a sole issue: whether the Applicant had satisfied the statutory threshold under Section 51(2) to warrant entry of judgment. Relying on Section 51(2), which renders a taxing officer's certificate final unless set aside or altered, and following Lubulellah & Associates Advocates v N. K. Brothers Limited and applying Musyoka & Wambua Advocates v Rustam Hira Advocates, the Court held the certificate valid, binding and conclusive, with no dispute as to retainer or entitlement. Invoking Rule 7 of the Advocates (Remuneration) Order, the Court awarded interest at court rates from 16th December 2025. Judgment was entered for Kshs. 120,618/=, a decree to issue upon payment of court fees, and costs of the application assessed at Kshs. 15,000/= were awarded to the Applicant.

Key legal issues

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01

Whether judgment on a Certificate of Taxation may be entered under Section 51(2) of the Advocates Act

Holding

Yes - where the certificate is unchallenged and the retainer is not disputed, the Court may enter judgment for the certified sum.

Reasoning

Section 51(2) provides that a taxing officer's certificate is final as to the amount of costs unless set aside or altered by the Court. The Respondent filed no reference, no application to set aside, and raised no dispute as to retainer or entitlement. The certificate therefore remained valid, binding and conclusive, warranting entry of judgment for the certified sum with interest.

p. 3
02

Whether interest on the taxed fees is payable from 16th December 2025

Holding

Yes - Rule 7 of the Advocates (Remuneration) Order permits interest on fees due and payable; the claim for interest from 16th December 2025 was properly founded.

Reasoning

The Court invoked Rule 7 of the Advocates (Remuneration) Order, which permits an advocate to charge interest on fees due and payable subject to stipulated conditions. Satisfied that the claim for interest from 16th December 2025 was properly founded, the Court awarded interest at the applicable court's rate from that date until payment in full.

p. 3

Legal principles established

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  • Once a Bill of Costs has been taxed and a Certificate of Taxation issued, the certificate is final and conclusive as to the amount certified unless set aside or altered by the Court, and judgment may be entered for the certified sum where the retainer is not disputed.

Court orders

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  1. 1.Judgment entered in favour of the Advocate/Applicant against the Respondent in the sum of Kshs. 120,618/= being the amount certified in the Certificate of Taxation
  2. 2.The said sum shall attract interest at the applicable court's rate from 16th December 2025 until payment in full
  3. 3.A Decree shall issue upon payment of the requisite court fees
  4. 4.The Respondent shall pay to the Advocate/Applicant the costs of this application assessed at Kshs.15,000/=
Jurisdiction invoked
Section 51(2) of the Advocates Act, Section 3A of the Civil Procedure Act and the inherent jurisdiction of the court

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, "Julius Orenge Advocate t/a Orenge J & Associates v Directline Assurance Company", Case Analysis (2026). . Source: 

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