Eric Ntabo & Co. Advocates v Trident Insurance Company Limited (Civil Miscellaneous Application E079 of 2024) [2025] KEHC 19787 (KLR) (11 June 2025) (Ruling) Neutral citation: [2025] KEHC 19787 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISII CIVIL MISCELLANEOUS APPLICATION E079 OF 2024 TA ODERA, J JUNE 11, 2025 BETWEEN ERIC NTABO & CO. ADVOCATES ...................................................... APPLICANT AND TRIDENT INSURANCE COMPANY LIMITED ............................ RESPONDENT RULING Introduction 1. The applicant filed application dated 28.3.25 under section 51 (2) of the Civil Procedure Act. Order 51 rule 1 of the Civil Procedure Rules and paragraphs 4 &7 of the Advocates remuneration Order seeking to have certificate of the cost pursuant to orders of the taxing master dated 21.5.24 for the sum of Kshs. 125,137.50/= to be adopted as judgment and decree of this court and that the court be pleased to charge interest at 14 % per annum. Also, that costs of this application be awarded at Kshs. 50,000/=. 2. The application is based on the annexed affidavit of Erick Nyarangi Ntabo and the grounds on the face of it. 3. The application was served but the respondent did not participate in the proceedings and thus the application is not opposed. 4. This is a straight forward matter. Determination 5. The taxation dated 21.5.24 has not been challenged to date. Section 51(2) of the Advocates Act which stipulates as follows: “ 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 recovered thereby; and the https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19787/eng@2025-06-11 1
page 1 of 2
court may make such order in relation thereto as it thinks fit, including where the retainer is not disputed, an order that judgment be entered (sic) entered for the sum certified to be due with costs.” 6. I proceed to enter judgment for the applicant against the respondent in the sum of Kshs 125,137.50 / = with interest at 14 % from 21.5.24 till payment in full. 7. I also award costs of this application at Ksh 20,000/= to the applicant. 8. It is so ordered. T.A ODERA JUDGE 11.6.25 Delivered virtually in the Presence of: Court Assistant - Kipchirchir Miss Omollo holding brief for Mr. Ntabo for the Applicant N/A for Respondent https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/19787/eng@2025-06-11 2
page 2 of 2