Njaeia v Mwangi (Environment and Land Miscellaneous Case E012 of 2024) [2026] KEELC 5728 (KLR) (21 September 2026) (Ruling) Neutral citation: [2026] KEELC 5728 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MURANGA ENVIRONMENT AND LAND MISCELLANEOUS CASE E012 OF 2024 MN GICHERU, J SEPTEMBER 21, 2026 BETWEEN SAMUEL MAINA NJAEIA ...................................................................... APPLICANT AND ESTHER MUTHONI MWANGI ........................................................ RESPONDENT RULING 1. This ruling is on the notice of motion dated 19-7-2024. The motion is led by the Applicant vide Section 51 (2) of the Advocates Act. It seeks judgment for Kshs 356,756.00 being the amount certied due following taxation of the Applicant’s bill of costs by the Deputy Registrar on 20-2-2024. 2. The application is supported by the adavit of the Applicant dated 19-7-2024. The Respondent’s counsel had sought 21 days to le a response to the application. This was on 30-6-2026. As I write this ruling in mid August, no such response has been led. 3. The issue for determination is whether the Applicant has satised the requirements for entry of judgment under Section 51 (2) of the Advocates Act. It provides as follows; “ The certicate of the taxing ocer by whom the bill has been taxed shall, unless it is set aside or altered by the Court, be nal as to the amount of costs covered thereby, and the Court may make such order in relation thereto as it thinks t, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certied to be due with costs.” 4. I nd that the motion has merit and I allow it in terms of prayers 1, 2 and 3. It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY AT MURANG’A THIS 21ST DAY OF SEPTEMBER, 2026. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5728/eng@2026-09-21 1
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M.N. GICHERU JUDGE. Delivered online in the presence of; Court Assistant – Antony Plainti’s Counsel – Miss Mwikuyu Defendants’ Counsel – Miss Waititu https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/5728/eng@2026-09-21 2
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