Nderitu & Partners Advocates v East Africa Data Handlers (Miscellaneous Application E960 of 2023) [2025] KEHC 19237 (KLR) (Commercial and Tax) (18 December 2025) (Ruling) Neutral citation: [2025] KEHC 19237 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND TAX MISCELLANEOUS APPLICATION E960 OF 2023 F GIKONYO, J DECEMBER 18, 2025 BETWEEN NDERITU & PARTNERS ADVOCATES .............................................. APPLICANT AND EAST AFRICA DATA HANDLERS ................................................... RESPONDENT RULING 1. The applicant filed the notice of motion dated 6th February 2025 seeking entry of judgment for the taxed and certified costs of Kshs. 1,131,188.56 and interest thereon at 14 % per annum from 5th October 2023. 2. The application is made under section 51 (2) of the Advocates Act and Rule 7 of the Advocates Remuneration Order. It is supported by the affidavit sworn by Wilfred Nderitu, SC on 6th February 2025 and written submissions dated 14th October 2025. 3. The grounds are that the costs were taxed on 15th October 2024; that the advocate-client bill of costs was to be settled within 30 days from 5th September 2023 or attract interest at 14% per annum on the outstanding sum until payment in full; that there is no dispute on retainer in HCCC E127 of 2019; Safaricom PLC v East Africa Data Handlers and that there is no appeal, reference or application pending in respect of taxation of costs. 4. The applicant relied on: 1. Ochieng’, Onyango, Kibet & Ohaga Advocates v Adopt a Light Limited [2007] eKLR 2. Ng’ang’a Munene & Co. Advocates v Kimaru (Miscellaneous Civil Case E011B of 2023) [2025] KEHC 8922 (KLR) https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19237/eng@2025-12-18 1
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No response 5. On 7th May 2025, Ms. Odhiambo, for the respondent, confirmed that the application was served upon her client on 6th May 2025 and that it would file replies within 14 days. During mention on 22nd September 2025, Mr. Nderitu, SC indicated that the respondent had not put in any replies. The court directed the ruling notice be served on the respondent. 6. While preparing this ruling, I did not find any replies filed by the respondent on the Judiciary’s Case Tracking System (CTS). Analysis and Determination 7. The issue for determination is whether judgment should be entered on the certificate of costs for the sum certified to be due with costs and interest. 8. As earlier noted, the respondent has not filed replies to the application under consideration. This is despite appearing for the mention of the matter, confirming service and indicating that it would file replies. 9. The certificate of the taxing master has not been set aside or reversed by the court. Thus, it is final as to the amount of costs recoverable thereby, and the court may enter judgment for the sum certified to be due with costs. It was not also shown to exists any dispute on the retainer. Section 51(2) of the Advocates Act. Accordingly, the court is satisfied that judgment should be entered in accordance with the certificate of costs. The application is merited. Of interest 11. Rule 7 of the Advocates Remuneration Order provides that: “ An advocate may charge interest at 14% per annum on his disbursements and costs, whether by scale or otherwise, from the expiration of one month from the delivery of his bill to the client, providing such claim for interest is raised before the amount of the bill has been paid or tendered in full”. 12. The bill was served upon the client. It has not been settled, yet, one month has expired. Accordingly, the court finds that the applicant is entitled to interest as prayed. Disposal 13. In the upshot, the application dated 6th February 2025 is allowed as prayed. Costs are awarded to the applicant with interest. DATED, SIGNED AND DELIVERED AT NAIROBI THROUGH MICROSOFT TEAMS ONLINE APPLICATION THIS 18TH DAY OF DECEMBER, 2025 ---------------F. GIKONYO M JUDGE In the presence of: 1. Nderitu S.C for the applicant 2. N/A for respondent https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19237/eng@2025-12-18 2
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3. Kinyua C/A https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19237/eng@2025-12-18 3
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