V Chokaa & Company Advocates v Macharia & 2 others (Miscellaneous Civil Application E073 of 2025) [2025] KEHC 14155 (KLR) (9 October 2025) (Ruling) Neutral citation: [2025] KEHC 14155 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CIVIL APPLICATION E073 OF 2025 A MABEYA, J OCTOBER 9, 2025 IN THE MATTER OF TAXATION OF COSTS BETWEEN ADVOCATE AND CLIENT BETWEEN V CHOKAA & COMPANY ADVOCATES ........................................... APPLICANT AND DANIEL WAKABA MACHARIA ................................................ 1ST RESPONDENT EAST AFRICA INSTITUTE OF CERTIFIED STUDIES .......... 2ND RESPONDENT SERAH WANJIRU MACHARIA ................................................ 3RD RESPONDENT RULING 1. By a Motion on Notice dated 20/6/2025, the Advocate applied for Judgment for Kshs. 35,600/- against the respondents. The Motion was brought under section 51 (2) of the Advocates Act, Cap 16 Laws of Kenya, Rule 7 of the Advocates Remuneration Order, Section 3(A) of the Civil Procedure Act and Order 3 Rule (1) (a) of the Civil Procedure Rules. 2. The basis for the Motion was that it was in terms of a Certificate of Costs dated 11/6/2025. The Advocate also sought interest at the rate of 14% per annum from 5/5/2025 until payment in full. 3. In the Supporting affidavit sworn by Dr. Vincent Chokaa on 20/6/2025, it was averred that his firm was instructed to undertake legal work by the respondents but was never paid fees for Professional Services. 4. The bill of costs for the fees was taxed on 4/6/2024 and a Certificate of Costs for Kshs. 35,600/- was issued on 11/6/2025. That the Certificate of Taxation has neither been set aside nor altered in any way. 5. I have considered the record. I have seen a copy of the Certificate of Taxation dated 11/6/2025. It is for Kshs. 35,600/-. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14155/eng@2025-10-09 1
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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. 8. The Motion dated 20/6/2025 was not opposed. 9. 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 that the interest of 14% is due with effect from the 5/5/2025. The Court notes that that is the date of the bill of costs. Interest will accrue 30days from the date of service of that bill, which in this case, the Court will deem to be 5/6/2025. In this regard, the time for interest will run from 5/6/2025. 10. Accordingly, I allow the application. Judgment is entered for the applicant/advocate against the respondents/client for Kshs. 35,600/- together with interest at 14% p.a from 5/6/2025 until payment in full. It is so ordered. DATED AND DELIVERED AT KISUMU THIS 9TH DAY OF OCTOBER, 2025. A. MABEYA, FCI Arb JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/14155/eng@2025-10-09 2
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