Wesonga, Mutembei & Kigen Advocates v County Government of Embu

2. The application is anchored on the grounds appearing on the face thereof and the affidavit of one Robinson Kigen. The Applicant avers that the Bill of Costs dated 18 th September 2025 was taxed at Ksh. 1,672,656.90. He avers that the Taxing Master issued him with a Certificate of Taxation dated 16th July 2026. 3. The Applicant avers that the Bill of Costs was served on the Respondent on 3rd March 2026. However, he avers that the Respondent did not pay the amount demanded therein. 4. The Applicant avers that rule 7 of the Advocates (Remuneration) Order entitles him to interest on the amount claimed after the lapse of 30 days from the date the Bill of Costs was delivered to the Respondent. As such, he avers that he is entitled to interest on the taxed sum with effect from 30th March 2026. 5. The Applicant avers that the Certificate of Taxation has not been set aside, reviewed or altered by the court. As such, he contends that it represents what is due to him in terms of section 51(2) of the Advocates Act. 6. The Applicant contends that despite the Respondent being made aware of the amount due to him in the Certificate of Taxation, it (the Respondent) has neglected to settle the amount. And hence the request for judgment in terms of the taxed amount. ELRC MISCELLANEOUS APPLICATION NO. E 454 OF 2025 2

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7. The court record shows that the Respondent was served with the application under consideration. This is self-evident from the affidavit of service dated 24th August 2026. 8. Despite this, the Respondent has neither entered appearance in the cause nor filed a response to the application. As such, the application is deemed as undefended. 9. The taxation proceedings which gave rise to the instant application arose from Court of Appeal Civil Application No. E090 of 2022 in which the Applicant represented the Respondent. The record shows that the Taxing Master’s ruling on the Applicant’s Bill of Costs was delivered on 13 th May 2026. 10. Section 51 (2) of the Advocates Act provides as follows:‘’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 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.’’ 11. This provision empowers the court to enter judgment for the amount certified as due in costs by the Taxing Master as long as the amount has not been altered or set aside. In the instant case, there is evidence that the Taxing Master of the ELRC MISCELLANEOUS APPLICATION NO. E 454 OF 2025 3

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court taxed the Applicant’s Bill of Costs dated 18 th September 2025 at Ksh. 1,672,656.90. She accordingly issued a Certificate of Taxation dated 16 th July 2026 for the amount. 12. There is no evidence to suggest that the amount taxed by the Taxing Master has been set aside or altered. As such, it represents the final figure of what the Applicant is entitled to. 13. The Applicant has also prayed for interest on the amount awarded at the rate of 14% per annum with effect from 30 th March 2026. Rule 7 of the Advocates (Remuneration) Order under which the request is made provides as follows:‘’An advocate may charge interest at 14 per cent per annum on his disbursements and costs, whether by scale or otherwise, from the expiration of one month from the delivery of his bill to the client, provided that such claim for interest is raised before the amount of the bill shall have been paid or tendered in full.’’ 14. This provision entitles the Applicant to interest on the amount taxed at the rate of 14% per annum. As such the plea for interest is well founded. 15. The upshot is that the court finds that the instant application is merited. Accordingly, it (the court) hereby:a) Enters judgment for the Applicant against the Respondent for the sum of Ksh. 1,672,656.90 in terms of the Certificate of Taxation dated 16th July 2026. ELRC MISCELLANEOUS APPLICATION NO. E 454 OF 2025 4

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b) Awards the Applicant interest on the aforesaid sum at the rate of 14% per annum with effect from 3 rd April 2026 till payment in full. c) Awards the Applicant costs of the application assessed at Ksh. 7,000.00. Dated, signed and delivered on the 23rd day of September, 2026 B. O. M. MANANI JUDGE In the presence of: …………….for the Applicant …………….for the Respondent ORDER In light of the directions issued on 12 th July 2022 by her Ladyship, the Chief Justice with respect to online court proceedings, this decision has been delivered to the parties online with their consent, the parties having waived compliance with Rule 28 (3) of the ELRC Procedure Rules which requires that all judgments and rulings shall be dated, signed and delivered in the open court. ELRC MISCELLANEOUS APPLICATION NO. E 454 OF 2025 5

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B. O. M MANANI ELRC MISCELLANEOUS APPLICATION NO. E 454 OF 2025 6

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