Eric Ntabo & Company Advocates v Trident Insurance Company Limited

varied or altered to date but the taxed costs have not been settled by the respondent at all and the respondent has neglected and/or refused to settle the same. 4. The application is expressed to be filed under section 51(2) of the Advocates Act (cap 16) Laws of Kenya, and paragraphs 4 and 7 of the Advocates Remuneration Order. 5. Learned counsel for the applicant informed the court on 22nd October 2025 that the application was duly served upon the respondent and there is no response thereto. The applicant has filed an affidavit of service sworn on 15th July 2025 by Andrew Alwaka, process server to that effect. 6. I have considered the application, the grounds in support and the supporting affidavit. The application is not opposed. The only issue for determination in this application is whether judgment should be entered against the respondent for the taxed costs due to the applicant. 7. Section 51(2) of the Advocates Act provides as that: “ 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." 8. Rule 7 of the Advocates (Remuneration) Order provides that: “ An advocate may charge interest at 14 per cent 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, provided that such claim for interest is raised before the amount of the bill shall have been paid or tendered in full." 9. Rule 4 of the Advocates (Remuneration) Order provides for additional remuneration for exceptional dispatch and is not applicable in this instance. 10. The applicant has annexed to the supporting affidavit the certificate of costs that was issued by the Taxing Officer. The same has not been set aside and/or altered and no reference under paragraph 11 of the Advocates Remuneration Order challenging the decision of the said Taxing Master has been made. The Court of Appeal in the case of Otieno, Ragot & Company Advocates v Kenya Airports Authority [2021] eKLR held that once a certificate of costs is issued and there is no reference against the decision of the taxing master, and the certificate of costs had not been set aside and/or altered, no other action was required save for entry of judgment by the court. The taxed bill of costs herein can therefore be entered as a judgment of this court. 11. On the issue of interest, the position in law is that the court has the discretion to determine when interest starts to run. For instance, in the case of Otieno Ragot & Company Advocates vs Kenya Ports Authority (supra), it was held that under Rule 7 of the Advocates (Remuneration) Order, an advocate is entitled to claim interest but the time from when interest will run is not stipulated and is therefore left to the discretion of the court. 12. In the case of D Njogu & Company Advocates v Kenya National Capital Corporation [2006] eKLR, the High Court held that interest ought to run from the date the correct fee note was sent to the client. The court held: “ - the date from when interest should be calculable should be pegged to the date when the advocate sends the correct fee note. And by the "correct fee note" I mean the bill which is https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19683/eng@2025-12-16 2

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in accordance with the terms upon which the advocate had contracted with the client, or the bill which the client does not dispute, or the bill which is in accordance with the sums awarded by either the taxing officer or by the deputy registrar in a certificate of costs." 13. The applicant herein has not stated the time when the bill in the certificate of costs was submitted to the client for settlement as no document was annexed to the application to prove the same. In the case of Mercy Mwangi t/a Mwangi Kingera & Company Advocates vs Invesco Assurance Company Limited [2017] eKLR it was held that the discretion to be exercised by the court comes with the power to reduce the period in which the interest is payable or to extend or alter the rate at which interest is payable or to withhold the entire interest payable in the interests of justice. 14. In the absence of such evidence, I will therefore take that time to be from when the present application was served upon the respondent which was on 15th July 2025 as per the affidavit of service referred to above. 15. Rule 7 of the Advocates Remuneration Order provides for interest on the said costs at 14% per annum until payment in full. In the case of Makhecha and Company Advocates v Central Bank of Kenya [2020] eKLR the court held that Rule 7 of the Advocates Remuneration Order entitles an advocate to charge interest above the normal or applicable rate of twelve (12%) per cent provided that the claim for interest was raised before payment or settlement of the advocate's bill of costs. 16. The claim for interest herein was raised before settlement of the applicant's bill of costs. Determination 17. 18. From the foregoing analysis, I find that the applicant's notice of motion application dated 13th June 2025 has merit and is hereby allowed in the following terms: i. Judgment be and is hereby entered for of the applicant for Kshs 242,957/= (Two Hundred and Fourty Two Thousand Nine Hundred and Fifty-Seven Shillings only) together with interest thereon at fourteen per cent (14%) per annum calculated from the date when this application was served upon the respondent until payment in full. ii. Costs of this application are assessed at Kshs 10,000/= and are awarded to the applicant. Orders accordingly. DELIVERED, DATED AND SIGNED AT KWALE ON THE VIRTUAL PLATFORM, TEAMS THIS 16TH DAY OF DECEMBER, 2025. ANDAYI W. F. JUDGE In the presence of: Kerubo (Ms) holding brief for Ntabo for the Applicant. N/A for the Respondent. Ummu: Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19683/eng@2025-12-16 3

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