Owiti, Otieno & Ragot Advocates v Ojward (Miscellaneous Application E324 of 2024) [2025] KEHC 16707 (KLR) (30 October 2025) (Ruling) Neutral citation: [2025] KEHC 16707 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS APPLICATION E324 OF 2024 JM OMIDO, J OCTOBER 30, 2025 BETWEEN OWITI, OTIENO & RAGOT ADVOCATES ......................................... APPLICANT AND ANTIPAS OJWANG OJWARD .......................................................... RESPONDENT RULING 1. 2. This ruling results from the Advocate/Applicant’s Notice of Motion dated 6th June, 2025, brought Section 51(2) of the Advocates Act, Cap 16 Laws of Kenya and Rule 7 of the Advocates (Remuneration) Order, 2014 and seeks the following orders: a. That the Certificate of Costs issued herein on 8th November, 2024 in respect of the taxation order made on 5th September, 2024 for the sum of Ksh.227,257/- be adopted as the judgement and decree of this Honourable Court, together with interest thereon at 14% per annum from 2nd October, 2024 being one month from the date of presentation of the Applicant’/ Advocate’s bill to the Respondent/Client, in accordance with the provisions of Rule 7 of the Advocates (Remuneration) Order, until payment in full. b. That the costs of this application be borne by the Respondent/Client. The grounds upon which the application is premised are in precis that the Respondent instructed the Appellant to act for it in Kisumu CMCC no. 52 of 2015 Syprose Auma v Antipas Ojwang Ojward & another and that the Applicant professionally executed the Respondents instructions. The Respondent subsequently failed to settle the Applicant’s legal fees which then resulted in the Applicant filing its bill of costs that was subsequently taxed by the Taxing Master at Ksh.227,257/and a Certificate of Taxation of Costs issued to that effect on 7th November, 2024. The costs remain unsettled. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16707/eng@2025-10-30 1
page 1 of 2
3. The application is supported by the affidavit of Linda Agatha, Advocate, sworn on 6th June, 2025. The affidavit, to which is annexed inter alia the Certificate of Taxation of Costs, expounds on the above grounds. 4. Service of the application and the hearing notice thereof was effected upon the Respondent to the satisfaction of this court. The Respondent did not respond to the Motion and the application thus proceeded as unopposed. 5. Having perused the application, the affidavit in support thereof and the record in its entirety, I am satisfied that the Applicant has demonstrated that it was instructed by and represented the Respondent in the above matter and that the Applicant’s costs as determined by the Taxing Master remain unsettled. 6. Having said as much, the application has merit and I will proceed to allow it in the following terms: 7. a. That judgement is hereby entered in favour of the Applicant against the Respondent for the sum of Ksh.227,257/- as per the Certificate of Taxation of Costs issued herein dated 7th November, 2024. b. That the above sum of Ksh.227,257/- shall attract interest at the rate of 14% per annum from 7th November, 2024 until payment in full. c. That as the Notice of Motion dated 6th June, 2025 was not opposed, I make no orders as to costs in respect thereof. This file is hereby closed. DELIVERED (VIRTUALLY), DATED AND SIGNED THIS 30TH DAY OF OCTOBER, 2025. JOE M. OMIDO JUDGE For the Applicant: Ms. Anuro for Ms. Oduor. For the Repondent: No appearance. Court Assistant: Mr. Ngoge & Mr. Juma. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16707/eng@2025-10-30 2
page 2 of 2