Samuel Gitonga & Associates v The Monarch Insurance Co. Ltd

Samuel Gitonga & Associates v Monarch Insurance Co. Ltd (Miscellaneous Civil Application E023 of 2024) [2025] KEHC 13252 (KLR) (Civ) (28 July 2025) (Ruling) Neutral citation: [2025] KEHC 13252 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL MISCELLANEOUS CIVIL APPLICATION E023 OF 2024 SIFUNA NIXON, J JULY 28, 2025 BETWEEN SAMUEL GITONGA & ASSOCIATES .................................................. APPLICANT AND THE MONARCH INSURANCE CO. LTD ....................................... RESPONDENT RULING 1. This is an Application under Section 51(2) of the Advocates Act (Cap 16 Laws of Kenya). It is for judgment for the sum of Ksh 166,100= in terms of the Certificate of Taxation by Hon SILVIA MOTARI, Deputy Registrar, dated 15th January 2025. 2. There is no response on record, no contestation as to instructions or retainer, and the Certificate of Taxation has neither been varied or set aside. 3. For those reasons, judgment is hereby entered judgment for the Applicant as against the Respondent for the sum of Ksh166,100=. Being the taxed Advocates-Client Costs in terms of the said Certificate of Taxation. 4. I award no interest on that sum, as the same has not been prayed for, and neither has the Applicant cited paragraph 7 of the Advocates Remuneration Order. 5. I also award the Applicant, the costs of this Application, which costs are hereby assessed at the sum of Ksh10,000=. 6. A decree to issue. DATED AND DELIVERED AT NAIROBI ON THIS 28TH DAY OF JULY 2025. PROF (DR) NIXON SIFUNA https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13252/eng@2025-07-28 1

page 1 of 2