Otieno, Ragot & Company Advocates v Kenindia Assurance Company Limited

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISUMU MISC. CIVIL APPLICATION NO 338 OF 2015 OTIENO, RAGOT & COMPANY ADVOCATES.............APPLICANT/ADVOCATE VERSUS KENINDIA ASSURANCE COMPANY LIMITED..............RESPONDENT/CLIENT JUDGMENT 1. When the applicant’s notice of 29.11.17 came up for hearing up for hearing on 16.1.18 for hearing, the court was informed that the taxed costs in the sum of Kshs. 98,971.60 was settled in full by a cheque issued on 6.12.17 and forwarded to the applicant by a letter dated 15.12.17. 2. The payment does not appear to have taken care of the interest sought in the application.I have considered the provisions of Rule 7 of the Advocates Remuneration Order which provides: - “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, providing such claim for interest is raised before the amount of the bill has been paid or tendered in full.” 3. The rate of interest awardable is applicable from 30 days after the date of service of the Bill of Costs. There is no evidence to show when the bill of costs was served by the firm of M/S Okong’oWandago& Company entered appearance for the respondent on 16.12.16. In the absence of any other evidence, I shall adopt 16.12.15 as the date of service of the bill of costs. Consequently, (30) days from the delivery of the bill to the client expired on 15.1.16 and not 10.1.16 as prayed in the application. 4. The upshot of this is that interest shall accrue on the taxed costs at 14% per annum from 15.1.16 until payment in full. The Advocate will also have the costs of the application. DATED AND DELIVERED ON THIS 15th DAY OF February 2018 T.W. CHERERE JUDGE Read in open court in the presence ofCourt Assistants - Felix and Carol Applicant - Mr Ondego/Ragot Respondent - Ms Nyamite