Manyonge Wanyama & Associates LLP v County Secretary, County Government of Kericho & 2 others (Miscellaneous Application E012 of 2023) [2024] KEELRC 728 (KLR)

Government of Kericho and County Executive Committee Member for Finance, County Government of Kericho. 3. That the cost of this Application be provided for. 2. The application is expressed to be brought under section 51(2) of the Advocates Act and it is based on the grounds on the face of it. 3. The application is supported with the afidavit of Peter Wanyama, Advocate, and the managing partner of the applicant, sworn on even date with several annexures thereto. 4. The application follows taxation of advocate/client bill of costs dated 13th October, 2023 wherein the applicant’s costs against the respondents/clients for legal services rendered were taxed at Kshs1,562,259/= on 16th March, 2023 (Aziza Ajwang, DR) and a certificate of costs issued on even date. The certificate of costs is exhibited as an annexure. 5. On 28th November, 2023 when the application came up in court for hearing Miss Kyalo appeared for the applicant and Miss Laboso appeared for the respondents. Amongst other directions issued, it was agreed that the application be canvassed by way of written submissions. The respondents were allocated time to file their responses to the application and for their counsel to file written submissions. 6. However, the respondents did not file a replying afidavit and their counsel did not file written submissions as agreed and directed on 28th November, 2023. Counsel for the applicant filed written submissions on 18th December, 2023. 7. Essentially, therefore, the application is not opposed. The court has gone through the application, the supporting afidavit, and the submissions by counsel for the applicant. The facts as set out by the applicant are not opposed or disputed. The ruling of the taxing master, the certificate of costs, and the certificate for order on costs against the government are all annexed to the application and stand unchallenged. Also annexed to the application is a notice by the applicant dated 19th April, 2023 demanding payment of the taxed costs from the respondents. 8. I have gone through the submissions by counsel for the applicant and the court agrees that in the circumstances judgment be entered against the respondents, jointly and severally, in the sum of Kshs.1,562,259/= with interest thereon at court rates from 16th March, 2023, the date of taxation, till payment in full. 9. The applicant is awarded costs of the application which are hereby granted at Kshs.20,000/=. 10. The applicant is hereby allowed to execute against the respondents for the amounts due and payable in accordance with the law. DELIVERED VIRTUALLY, DATED, AND SIGNED AT NAKURU THIS 3RD DAY OF APRIL, 2024. DAVID NDERITU JUDGE https://new.kenyalaw.org/akn/ke/judgment/keelrc/2024/728/eng@2024-04-03 2

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