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Original judgment

Njaeia v Mwangi

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 certied 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 adavit 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 satised the requirements for entry of judgment under Section 51 (2) of the Advocates Act. It provides as follows; “ The certicate of the taxing ocer 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 certied 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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Njaeia v Mwangi — Original judgment | Caselaw