Kinyanjui Njuguna & Co. Advocates v Corporate Insurance Co. Ltd (Miscellaneous Case E080 of 2025) [2025] KEHC 19333 (KLR) (17 November 2025) (Ruling) Neutral citation: [2025] KEHC 19333 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIVASHA MISCELLANEOUS CASE E080 OF 2025 GL NZIOKA, J NOVEMBER 17, 2025 BETWEEN KINYANJUI NJUGUNA & CO. ADVOCATES .................................... APPLICANT AND CORPORATE INSURANCE CO. LTD ............................................. RESPONDENT RULING 1. By a notice of motion application dated 4th August 2025, brought under the provisions of Order 51 Rule 1 of the Civil Procedure Rules, 2010, section 51(2) of the Advocates Act (Cap 16) Laws of Kenya, Order 7 of the Advocates (Remuneration) Order (Under section 48) of the Advocates Act (Cap 16) Laws of Kenya, the applicant is seeking for the following orders: a. That the Honourable court be pleased to enter judgment/decree in favour of the applicant herein, in terms of the certificate of taxation dated 24th July 2025 in the sum of Kshs. 194,240 (One Hundred and Ninety-Four Thousand, Two Hundred and Forty only). b. That subject to prayer (a), the Honourable Court be pleased to issue a decree/judgment above for Kshs. 194,240. c. That interest be provided for at 14% per annum from 13th November 2024 until payment in full. d. That the cost of the application be awarded to the applicant assessed at Kshs. 50,000. 2. The application is supported by the grounds thereto and an affidavit of the even date, sworn by Kinyanjui Theuri, an Advocate of the High Court practising in the applicant’s firm. 3. He avers that, the bill of costs dated 26th May 2025 was taxed on 26th June 2025 and a certificate of taxation extracted. However, the respondent has continually failed to pay the legal fees despite demand and notice thereof. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19333/eng@2025-11-17 1
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4. That an advocate is entitled to the fees duly earned in the course of service in line with the Advocates Remuneration Order. Further, the respondent does not dispute the taxed sums and that the application is made in the sole interest of justice and should be allowed as prayed. Furthermore, interest is payable at 14% from the date of demand and service of the notice to settle the legal fees. 5. I have considered the application in the light of the materials availed and I note that, the applicant has annexed to the affidavit in support of the application a certificate of taxation dated 24th May 2025, in the sum of Ksh. 194,240. In addition, there is a letter dated 31st July 2025 demanding the payment of the subject sum. 6. The application was served as per the indication given to the court on 13th October 2025. However, there was no response filed against it. Consequently, the application stands unopposed. Furthermore, there is no indication that there is a dispute to the retainer and/or the certificate herein having been set aside or varied. In the given circumstances I allow the application as prayed. 7. The interest shall be payable on the said sum as provided for under the law. The issuance of the decree pursuant to the order herein shall be dealt with by the Deputy Registrar. The costs of this application are also awarded to the applicant but are to be determined as provided for under the law. 8. It is so ordered. DATED, DELIVERED AND SIGNED ON THIS 17TH DAY OF NOVEMBER 2025. GRACE L. NZIOKA JUDGE In the presence of; Ms. AOL for the applicant. No appearance for respondent. Ms. Hannah - Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19333/eng@2025-11-17 2
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