Kiarie Kariuki T/A Kiarie Kariuki & Company Advocates v The Monarch Insurance Company Limited

Kiarie Kariuki t/a Kiarie Kariuki & Company Advocates v Monarch Insurance Company Limited (Miscellaneous Application E035 of 2022) [2024] KEHC 1807 (KLR) (27 February 2024) (Ruling) Neutral citation: [2024] KEHC 1807 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT VOI MISCELLANEOUS APPLICATION E035 OF 2022 GMA DULU, J FEBRUARY 27, 2024 BETWEEN KIARIE KARIUKI T/A KIARIE KARIUKI & COMPANY ADVOCATES ............................................................................................. APPLICANT AND THE MONARCH INSURANCE COMPANY LIMITED ................ RESPONDENT RULING 1. Before me is a Notice of Motion dated 9th June 2023 filed by Kiarie Kariuki & Company Advocates under Section 51 (2) of the Advocates Act and paragraph 7 of the Advocates Remuneration Order (Cap.16) Laws of Kenya. 2. The application seeks entry of judgment in favour of the advocates firm for taxed costs, and interest at the rate of 16% per annum from 9th February 2023 until payment in full, together with costs. 3. The application has grounds on the face of the Notice of Motion that judgment was delivered in Voi SRMCC No. 6 of 2018 on 26th September 2019, and that on 8th February 2023 the Taxing Officer assessed the Bill of Costs at the sum of Kshs. 315,978.35 and a Certificate of Taxation issued in favour of the advocate. 4. The application was filed with a supporting affidavit sworn by Kiarie Kariuki on 9th June 2023 amplifying the grounds of the application. 5. Though on 5th October 2023 Mr. Onduso appeared for the respondents, and was given time to file a response to the application, no response was filed. 6. The application herein thus not being opposed, I find no basis for not granting the orders sought. 7. Consequently, I allow the application and order as follows:- https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/1807/eng@2024-02-27 1

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