Wambua Kilonzo & Co. Advocates v Trident Insurance Company Limited

4. On 4th June 2025, the said Advocate/Client bill of costs was taxed at KShs. 277,162.50/=. A copy of the Certificate of Taxation dated 9th September, 2025 is annexed to the supporting affidavit. The applicant also prays that it be awarded costs of the application at KShs 70,000/= (as per the notice of motion) or KShs. 30,000/= (as per the supporting affidavit) making a total sum of KShs. 347,162.50/ =. The applicant deposes further that the said costs have not been paid by the respondent and remain outstanding to date. Further that the applicant forwarded and/or served the said Certificate of Taxation to the respondent. A copy of letter dated 15th September 2025 forwarding the certificate of taxation and demanding payment is annexed to the supporting affidavit. 5. The applicant deposes further that the respondent has not filed a reference against the said taxation and the Certificate of Costs has not been set aside or altered. 6. Further that the applicant is entitled to interest on the taxed costs at the rate of 14% per annum from 13th February, 2025 when the bill of costs was served on the respondent, until payment in full pursuant to Paragraph 7 of the Advocates(Remuneration) Order, 2024. 7. This court has been shown an affidavit of service sworn on 25th September 2025 by Teddy Tumaini Kenga, a process server, to the effect that this application was duly served upon the respondent. 8. I have considered the application, the grounds in support and the supporting affidavit. 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. 9. There is no response to the application and therefore I find that the application is not opposed. 10. 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." 11. The applicant has annexed to the supporting affidavit the Certificate of Taxation that was issued by the Taxing Officer on 9th September 2025. It is apparent that the certificate of taxation 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 Officer 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. 12. 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. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19708/eng@2025-12-17 2

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13. 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 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." 14. The certificate of taxation was submitted to the client, the respondent as per the letter dated 15th September 2025. According to the applicant, the bill was delivered to the respondent through the letter dated 13th February 2025 15. Rule 7 of the Advocates (Remuneration) Order provides for interest on costs as follows:- "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." 16. 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. 17. 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. 18. It is clear from the depositions herein that the claim for interest herein was raised before settlement of the applicant's bill of costs. Determination 19. 20. From the foregoing analysis, I find that the applicant's notice of motion application dated 16th September 2025 has merit and is hereby allowed in the following terms: i. Judgment be and is hereby entered for of the applicant for KShs. 277,162.50/= (Kenya Shillings Two Hundred and Seventy-Seven Thousand One Hundred and Sixty-Two and Fifty Cents only) together with interest thereon at fourteen per cent (14%) per annum calculated from 13th February 2025. ii. Costs of this application are assessed at KShs 15,000/= and are awarded to the applicant. Orders accordingly. DELIVERED, DATED AND SIGNED AT KWALE ON THE VIRTUAL PLATFORM, TEAMS THIS 17TH DAY OF DECEMBER 2025. ANDAYI W. F. JUDGE In the presence of: https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19708/eng@2025-12-17 3

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Mwambu (Ms) for the Applicant. N/A for the Respondent. Ummu: Court Assistant. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19708/eng@2025-12-17 4

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