Mugo Githinji & Co Advocates v Monarch Insurance Co Ltd

4. Section 51 of the Advocates Act, Cap 16 of the Laws of Kenya provides for the legal framework for Taxation of the Advocates-Client’s Bill of Costs. It is the Section that provides for and ensures as formal and legal process for settling disputes involving legal fees between Advocates and their Clients in the following terms:(51) 5. “General provisions as to taxation 1) Every application for an order for the taxation of an advocate’s bill or for the delivery of such a bill and the delivering up of any deeds, documents and papers by an advocate shall be made in the matter of that advocate. 2) The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs. The Judge in the case of Musyoka & Wambua Advocates v Rustan Hira Advocates [2006]eKLR could not have reiterated the provisions of Section 51 better than when he stated that:“ Section 51 of the Act makes general provisions as to taxation, as the marginal note indicates. One of the provisions is that the Court has discretion to enter Judgment on a Certificate of Taxation which has not been set aside or altered or where there is no dispute as to retainer. This, in my view is a mode of recovery of taxed costs provided for by law in addition to filing suit …… 6. The procedure for recovery of taxed costs is set out at Section 51(2) of the Advocates Act as follows:“ 2) The certificate of the taxing officer by whom any bill has been taxed shall, unless it is set aside or altered by the Court, be final as to the amount of the costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs. 7. From this provision, it is trite that once a Taxing Officer taxes costs, and certifies the same by issuing a Certificate of Costs, if the Certificate of Costs is not set aside, or stayed, or altered or appealed against on reference filed by the opposing party and there being no dispute or retainer, then the Court’s duty shall be to enter Judgment in terms of the Certificate of Costs as well as have been originated by way of Notice of Motion application pursuant to the provisions of Order 57 Rule 1 of the Civil Procedure Rules. 8. In this matter, the Applicant has deponed that her Firm represented the Respondent/Client in Kikuyu PMCC No.145 of 2019, Bonface Karuiki Mutembei v Antony Ngugi Njuguna in a claim for loss and damages suffered by the Plaintiff therein in a road traffic accident on 8th June, 2016 involving Motor Vehicle Registration No.KAM 585F insured by the Respondent and Judgment was entered therein against the Respondent. The Advocate then filed an Advocate-Client Bill of Costs dated 6th June, 2024 and on 29th October, 2024, the same was taxed in the sum of Kenya Shillings One Hundred and Twenty five Thousand, Two Hundred and seventy-Five (Kshs.125,275/=) and a Certificate of Taxation was issued on 30th May, 2025. According to the Advocate/Applicant, the Respondent has failed to settle the taxed costs despite having been notified of the award and assessment thereof. The Respondent has also failed to file for review or reference against the Certificate of Costs or ruling on taxation. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19392/eng@2025-10-29 2

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9. A Perusal of the record clearly confirms the averments by the Advocate/Applicant that the Taxing Officer taxed the costs in respect of the Advocate-Client Bill of Costs and issued a Certificate of Taxation which has not been challenged, set aside, altered or appealed against by a reference or any other means. This Court is guided by the decision in the case of Lubulellah & Associates, Advocates v N. K. Brothers Limited [2014]eKLR, where it was stated that:“ 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”. 10. In conclusion, this Court finds that the Advocate/Applicant’s application has met the required legal threshold to confirm the Certificate of Taxation issued on 30th May, 2025. The Notice of Motion application dated 16th June, 2025 is hereby 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 One Hundred and Twenty-Five Thousand, Two Hundred and Seventy-Five only (Kshs.125,275/=). b. That the Respondent do pay costs to the Applicant the costs of this application in the sum of Kshs.30,000/=. It is so ordered. RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 29TH DAY OF OCTOBER ,2025. D. O. CHEPKWONY JUDGE In the presence of: M/S Litunga holding brief for Mr. Githinji counsel for Applicant M/S Mucheru counsel for the Respondents Court Assistant - Martin https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19392/eng@2025-10-29 3

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