Mugo Githinji & Company Advocates v Monarch Insurance Company Limited

Mugo Githinji & Company Advocates v Monarch Insurance Company Limited (Civil Miscellaneous Application E238 of 2024) [2025] KEHC 13962 (KLR) (3 October 2025) (Ruling) Neutral citation: [2025] KEHC 13962 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KIAMBU CIVIL MISCELLANEOUS APPLICATION E238 OF 2024 DO CHEPKWONY, J OCTOBER 3, 2025 BETWEEN MUGO GITHINJI & COMPANY ADVOCATES .................................. APPLICANT AND MONARCH INSURANCE COMPANY LIMITED ......................... RESPONDENT RULING 1. On 9th April, 2025, the Deputy Registrar delivered a Ruling in respect to the Bill of costs dated 2nd December, 2024 whereby the same was taxed at Kshs. 145,281/= as per the Certificate of Costs dated 9th April, 2025. 2. The Respondent filed Chamber Summons application dated 23rd April, 2025 seeking stay of proceedings and execution of the certificate of costs, set aside the Ruling of the Deputy Registrar and to have it taxed afresh. The Applicant opposed it through the Replying Affidavit sworn on 28th April, 2025. The court issued directions for the filing of submissions on the same. 3. The Applicant has now filed a Notice of Motion application dated 16th June, 2025 seeking Judgment to be entered as per the Certificate of Taxation. The same was served upon the Respondent and an Affidavit of service sworn by Harrison Machio on 19th June, 2025 filed to confirm this. However, no response has been filed on the same. 4. In view of the related nature of issues raised in the two applications, the following directions issue:a. The Chamber Summons application dated 23rd April, 2025 and Notice of Motion application dated 16th June, 2025 to be canvassed contemporaneously by way of written submissions. b. Each party to file and serve the other with respective responses alongside written submissions within fourteen (14) days form the date hereof. c. Mentioned on 13th October, 2025 for parties to confirm compliance and take a ruling date. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/13962/eng@2025-10-03 1

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