D.w. Muyundo & Associates Advocates v Sports Kenya

4. The Application was served upon the Respondent and there is an Affidavit of Service of Joel Velela Mwanzia sworn on 13th August, 2025 confirming service and there is no response filed on the same. Determination 5. Having read through the Notice of Motion application dated 10th July, 2025, alongside the contents in their respective submissions, I find that this is a matter for review order. Therefore, before going into the merit of the application, it is important to outline the legal framework for applications for review. This Court’s power for review is enshrined under Section 80 of Civil Procedure Act and Order 45 of the Civil Procedure Rules 2010, thusn provides:“ Any person considering himself aggrieved— a. by a decree or order from which an appeal is allowed, but from which no appeal has been preferred; or b. by a decree or order from which no appeal is hereby allowed, and who from the discovery of new and important matter or evidence which, after the exercise of due diligence, was not within his knowledge or could not be produced by him at the time when the decree was passed or the order made, or on account of some mistake or error apparent on the face of the record, or for any other sufficient reason, desires to obtain a review of the decree or order, may apply for a review of judgment to the court which passed the decree or made the order without unreasonable delay. 6. It is trite that for review matters to stand, there must be discovery of new evidence that was not within knowledge of the Applicant, error apparent on the face of the record and there must be sufficient reasons for the same. In this case the Applicant has cited error on the face of the record for the reason of the date when the interest was to accrue. 7. The court notes that indeed the Applicant sought the interest to start accruing on 14th January, 2017 but granted the date of 11th July, 2024 as the date when the Ruling of the Taxing Officer was delivered. However, the Applicant has based its request of interest on the date of 14th January, 2017, which is one month since the receipt of the fee note. 8. Also, under Rule 7 of the Advocates Remuneration Order, then provides as follows:“ 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.” 9. In the case of Lubulellah & Associates Advocates –vs- N K Brothers Limited [2014] KEHC 8685 (KLR), the Court dealt with similar issue and held as follows:“ It is clear that the said Rule 7 deals with interest charged by an advocate of its claim for disbursements and costs which is chargeable from the expiration of one (1) month from the date of his delivery of its bill to its client. This interest is distinguishable from the interest that this court can award. As this Court held in the cases of HC Misc. No. 486 and 487 of 2012 E.W. Njeru & Co Advocates (Supra), if an advocate files his Bill of Costs without raising the issue of interest, https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19282/eng@2025-10-29 2

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then he forfeits interest as provided for under Rule 7 of the Advocates Remuneration Order. The court can only award the interest at court rates… . Interest on the taxed amount will be at court rates with effect from 24th January 2014 when this court made its determination of the Applicant’s reference that was dated 28th January 2013 and filed on 4th February 2013. 10. Going by the finding in the cited Ruling the court finds that the Deputy Registrar was justified to hold that interest should accrue from the date of delivery of the ruling of the taxing officer which was on 11th July, 2024. Therefore, the Court finds that there was no error on the face of the record to warrant the orders sought being granted. For this reason, the Court proceeds to dismiss the Notice of Motion application dated 10th July, 2025 with no orders as to costs. It is so ordered. RULING DELIVERED, DATED AND SIGNED AT KIAMBU THIS 29 TH DAY OF OCTOBER , 2025. D. O. CHEPKWONY JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19282/eng@2025-10-29 3

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