REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KISUMU ELCL MISC. APPLICATION NO. E017 OF 2025. BRUCE ODENY & CO. ADVOCATES …….. APPLICANT/ADVOCATE VERSUS JARED ODONGO ALILA ….….………….… 1ST RESPONDENT/CLIENT PETER HABIL LISIASIA …………………… 2ND RESPONDENT/CLIENT (ARISING FROM KISUMU ELC (OS) NO.170 OF 2016) BETWEEN JOHN OWITI OGOLA …………………………………….…….. APPLICANT VERSUS JARED ODOGO ALILA ……………………………………… RESPONDENT RULING The application before court for determination is the Notice of Motion dated 6th October, 2025 brought pursuant to the provisions of Section 51(2) of the Advocates Act. The application seeks orders that; (a) The honourable court be pleased to convert the certificate of taxation issued on 29 th July, 2025 into a decree and judgment together with interest from the date of taxation at court rates until payment in full. ELCL MISC APPL E017/2025 RULING 1
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(b) Costs of the application be provided for. The application was opposed on the grounds that the Respondents had paid the entire amount of fees to the Advocate. That they paid a total of Kshs.108,000/- to the Advocate/Applicant. Attached to the application is a certificate of taxation dated 18 th September, 2025 and issued on 29 th September, 2025. According to the certificate of taxation, the Applicant’s costs were taxed and certified at Kshs.185,175.40 against the 1 st and 2nd Respondents. The proceedings of the taxing master show that the Advocate-Client Bill of Costs dated 18th February, 2025 for Kshs.247,164.60 was presented before her for taxation. That the same was duly taxed at Kshs.185,175.40. The record also shows that the Respondents were served but did not attend the taxation. The issues that the Respondents are raising herein are issues that ought to have been raised and dealt with in the taxation. There is no Reference filed challenging the taxation. Section 51(2) pursuant to which the application was brought provides that “the certificate of the taxing officer 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 ELCL MISC APPL E017/2025 RULING 2
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thereto as it thinks fit including in a case where the retainer is not disputed an order that judgement be entered for the sum certified to be due with costs.” As the certificate of taxation remains unreviewed, the application is allowed. Judgment is entered in favour of the Advocate/Applicant in terms of the certificate of taxation. The taxed costs shall attract interest at court rates from the date of the certificate of taxation till payment in full. Each party to bear their own costs of the application. Orders accordingly. Ruling dated and signed at Kisumu, delivered virtually this 18th day of June 2026. E. ASATI, JUDGE. In the presence of: Atika - Court Assistant. Akinyi for the Applicant/Advocate. Respondents present in person. ELCL MISC APPL E017/2025 RULING 3
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