Brian Otieno T/A Omondi Otieno Associates Advocates v Elyco Motors Limited

6. Section 51(2) of the Advocates Act provides: 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.” 7. From the foregoing, it is clear that an Advocate is entitled to judgment on the amount certified after a taxation of an advocate-client bill of costs. That certificate must not have been varied or set aside. The application was not opposed by way of Replying Affidavit but by way of a Motion on Notice dated 5/6/2025 and submissions. In that Motion, it was alleged that a sum of Kshs.107,000/- had been paid and should have been deducted from the Certificate. 8. Firstly, that Motion was in the nature of a challenge to the taxation of the bill of costs. That is not the procedure. Although the client applied for the reasons of the taxation vide a letter dated 3/6/2025, it never filed a reference thereto as required under Rule 11 of the Advocates (Remuneration) Order. 9. Secondly, even if that Motion was to be deemed to be a reference, there was no particular and specific evidence to show that a sum of Kshs.107,000/- had been paid to the Advocate on the subject matter for it to be deductible from the Certificate of taxation. What was produced was a Statement of Account which was not explained in the Supporting Affidavit of Elly Otieno Amula sworn on 5/6/2025. 10. Accordingly, the Motion dated 5/6/2025 was fatally defective and is for striking out which I hereby do. As regards the Motion of 9/6/2025, the same is unopposed. If there is any evidence of such payment of Kshs.107,000/-, the same can be presented to Court in a proper way and will be taken into account when preparing the decree of the Judgment. 11. On the 14% interest, this is awardable from 30 days after service of a fee note by an advocate upon his client. In this case, it was contended and was not denied that the bill of costs had been delivered 30 days before the 7/4/2025. The Court will therefore deem that to be the date when the costs of the Advocate began accruing interest. In this regard, the time for interest will run from 7/4/2025. 12. Accordingly, I allow the application. Judgment is entered for the applicant/advocate against the respondent/client for Kshs.205,716/- together with interest at 14% p.a from 7/4/2025 until payment in full. It is so ordered. DATED AND DELIVERED AT KISUMU THIS 25TH DAY OF JULY, 2025. A. MABEYA, FCI Arb JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/10857/eng@2025-07-25 2

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