SI. Mwaura & Co. Advocates v Meditest Diagnostics Services Ltd

3. A copy of the certicate of taxation, duly issued on 17th June, 2025, is annexed to the said supporting adavit. 4. The application is not opposed, though shown to have been served on the Client/Respondent. The same is, therefore, unopposed. 5. Section 51(2) of the Advocates Act provides as follows:“ (2) 6. Without belabouring the point, the prayer for entry of Judgment in terms of the taxed and certied sum must succeed. It was stated as follows in the case of Lesinko Njoroge & Gathogo Advocates – vs – Invesco Assurance Co. Ltd [2021] eKLR:“ (9) 7. The procedure provided in Section 51(2) of the Advocates Act aides expeditious disposal of cases relating to recovery of advocate-client costs as long as:(1) the costs have been taxed by and certied under the hand of the taxing master by a certicate of costs: (2) the certicate of costs has not been set aside or stayed or appealed against on a reference led upon it; and (3) there is no dispute on retainer. In such cases, Judgment is ordinarily entered in the sum in the certicate of costs upon application by the advocate. The application may be commenced by way of a Notice of Motion, which in law is a potent tool for originating a suit”. On interest, it is to be noted that the sum regarding which Judgment is sought is made up of taxed costs. Section 27(2) of the Civil Procedure Act provides as follows:“ (2) 8. The certicate of a Taxing Ocer by whom any 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.” The Court or Judge may give interest on costs at any rate not exceeding fourteen percent per annum, and such interest shall be added to the costs and shall be recoverable as such”. The foregoing provision is echoed in Rule 7 of the Advocates (Remuneration) Order which provides as follows:“ An Advocate may charge interest at 14% 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 has been paid or tendered in full.” 9. Having said that, I allow the Advocate/Applicant’s Notice of Motion dated 20th February, 2026 in the following terms:- https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2692/eng@2026-09-25 2

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10. a. Judgment is hereby entered for the Advocate/Applicant against the Client/Respondent in the taxed and certied sum of Kshs.93,825/=. b. The said sum shall attract interest at Court rates, to be computed from the date of certication of the taxed costs until payment in full. c. A decree shall issue in the manner provided in the Civil Procedure Rules and Section 13 of the Employment and Labour Relations Court Act. d. Costs of the application are awarded to the Advocate/Applicant, to be agreed or taxed. Orders accordingly. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 25TH DAY OF SEPTEMBER 2026 AGNES KITIKU NZEI JUDGE Order This Ruling has been delivered via Microsoft Teams Online Platform. A signed copy will be availed to each party upon payment of the applicable Court fees. AGNES KITIKU NZEI JUDGE Appearance: Mr. Kitila for the Applicant/Advocate No appearance for the Respondent/Client https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2692/eng@2026-09-25 3

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