Bruce Odeny & Co. Advocates v Alila & another (Environment and Land Miscellaneous Application 015 of 2025) [2026] KEELC 409 (KLR)

then sought more time to respond to the application which I obliged. I also issued directions on the disposal of the application by way of written submissions. 6. The applicant did not respond to the application and further failed to attend court on 4/11/2025 when the application was scheduled for confirmation of compliance with the court’s direction. Submissions 7. The application was disposed by way of written submissions. The applicant filed submissions dated 4/11/2025. The respondent did not file submissions either. Analysis And Determination 8. I have considered the application and the submissions filed by the applicant. The main issue for determination is whether the application is merited. 9. The application is brought under the provisions of Section 51(2) of the Advocates Act which reads; “ The certificate of the taxing oficer by whom any bills has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount covered thereby, and the court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs". 10. The current application seeks that the taxed costs be converted into a decree and judgement of the court. The ruling of the taxation by Hon Mkala Deputy Registrar dated 20/06/2025 and the Certificate of Taxation forms part of the record. As indicated earlier the respondent appeared before court a confirmation that he was served. The court explained to him that he needed to respond in writing which opportunity he squandered. Maybe this would have been his opportunity to state his thoughts on the costs. As it is I have nothing before me to show that the amount is disputed and or that it was altered by the taxing Master or set aside. 11. The power donated to the court mandates it to declare the certificate of the taxing master as final as to the amount therein and that judgement be entered accordingly. I have also read the decision in the case of Republic-vs- City Council of Nairobi Ivyland Park Ltd (interested party) Exparte Inderpal Singh & 2 others (2021) eKLR cited by counsel for the applicant. The learned Judge faced with an application brought under the same provisions seeking that the court enters judgement in favor of the advocate on taxed costs stated thus;7. As regards entry of judgment, section 51(2) of the Advocates Act grants this Court power to enter judgment in an Advocates’ favour on taxed costs as follows: “The certificate of the taxing oficer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs”. 8. It is an established position of law that the only reason that a court of law cannot enter judgment on a Certificate of Costs is if the same has been set aside or altered, or where there is an issue with retainer. This position has been upheld in various cases including Ahmednasir Abdikadir & Company Advocates vs National Bank of Kenya Limited (supra) , Dally and Figgis Advocates vs Homelex Limited (2013) eKLR and Evans Thiga Gaturu Advocate vs Kenya Commercial Bank Ltd (2012) eKLR. In addition Rule 7 of the Advocates Remuneration Order provides for interest on the said costs at 14 % until payment in full.’ https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/409/eng@2026-01-29 2

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12. I’m persuaded by the above dictum and see no impediment to granting the prayers sought in the present application. 13. I accordingly, allow the Notice of Motion application dated 19th July 2025 save that there shall be no orders as to costs on the application. Orders accordingly. DATED, SIGNED AND DELIVERED AT SIAYA THIS 29TH DAY OF JANUARY 2026. HON. JUSTICE A. E. DENA JUDGE 29/01/2026 Ruling delivered virtually through Microsoft Teams Video Conferencing Platform in the Presence of: Ms. Akinyi for the Applicants No Appearance for the respondent Court assistant: Ishmael Orwa https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/409/eng@2026-01-29 3

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