Eric Ntabo & Company Advocates v Trident Insurance & Company Limited

court is still required to consider the application to determine whether the Application has satisfied the legal threshold required to such application. 3. It is the Applicant’s case that her firm represented the Respondent but it has failed to pay his legal fees. The Applicant then filed a Bill of Costs and vide a Ruling dated 12th September, 2024, the Deputy Registrar assessed the same at Kshs. 42,190 =. Subsequently, a Certificate of Taxation dated 7th July, 2025 was issued to that effect. Determination 4. In considering the Notice of Motion application dated 9th July, 2025, I have read through the grounds upon which the same is premised as set on its face and supporting affidavit sworn by Eric Ntabo on even date alongside the guiding statute and case law. 5. The orders sought are governed by the provision of Schedule VI of the Advocates Remuneration (Amendment) Order, 2014 which provides for Advocates-client costs as follows:“ As between advocate and either the minimum fees shall be— 6. a. the fees prescribed in A above increased by 50%; b. the fees ordered by the court increased by the 50%; or c. the fees agreed by the parties under paragraph 57 of this order, increased by 50%, as the case may be, such increase to include all proper attendances on the client and all necessary correspondences. This provision is elaborated by the court in its decision in the case of Lubulellah & Associates, Advocates v N. K. Brothers Limited [2014] eKLR, where it stated as follows:“ The law is very clear that once a Taxing Master has taxed the costs, issued a Certificate of costs and there is no reference against his ruling or there has been a ruling and a determination made and not set aside and or altered, no other action would be required from the court save to enter Judgment. An applicant is not required to file suit for the recovery of costs. The certificate of costs is final as to the amounts of the costs and the court would be quite in order to enter Judgment in favour of the Applicant against the Respondent herein for the taxed sum indicated in the Certificate of Taxation that was issued on 25th November, 2012.” 7. It is trite law that once the Taxing Officer has taxed costs and issues a Certificate of Taxation but no reference is filed by the opposing party seeking to have the certificate set it aside or even alter it, then this court’s duty would be to enter Judgment in favour of the Applicant against the Respondent in terms of the said Certificate. 8. In the instant case, the court finds that the application herein has met the provisions provided for under Schedule VI of the Advocates Remuneration (Amendment) Order, 2014 on legal threshold required for Advocate-client costs, and being unchallenged, the same is allowed in the following terms:a) That Judgment be and is hereby entered in favour of the Applicant against the Respondent for the sum of Kenya Shillings Forty Two Thousand One Hundred and Ninety Only (Kshs.42,190 =) being the assessed costs due to the Applicant as against the Respondent. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15892/eng@2025-10-29 2

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b) That the interest does accrue on the sum of Kshs.42,190 = at the rate of 14% per annum with effect from 16 th May, 2024 until payment shall be made in full as prescribed in Paragraph 7 of the Advocates Remuneration Order. c) That the Respondent do pay to the Applicant the costs of this application in the sum of Kshs. 50,000 = It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 29 TH DAY OF OCTOBER, 2025. D. O. CHEPKWONY JUDGE In the presence of: M S Masese holding brief for Mr. Ntabo counsel for the Claimant No appearance by and for Respondent Court Assistant – Martin Sakina https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/15892/eng@2025-10-29 3

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