Nduati & Co Advocates v Occidental Insurance Co. Ltd

Nduati & Co Advocates v Occidental Insurance Co. Ltd (Miscellaneous Civil Application E260 of 2025) [2026] KEHC 211 (KLR) (Civ) (21 January 2026) (Ruling) Neutral citation: [2026] KEHC 211 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CIVIL MISCELLANEOUS CIVIL APPLICATION E260 OF 2025 SIFUNA NIXON, J JANUARY 21, 2026 BETWEEN NDUATI & CO ADVOCATES ................................................................ APPLICANT AND OCCIDENTAL INSURANCE CO. LTD ............................................ RESPONDENT RULING 1. This ruling is on the Applicant’s Motion dated 10th July 2025. By it, the Applicant a law firm, is seeking judgment to be entered against its Client Occidental Insurance Company Ltd the Respondent, for the sum of Ksh 139,460=; in terms of the Certificate of Taxation stated to be dated 8th May 2025. 2. The said sum is stated to be the taxed Client-Advocate Costs upon the Applicant’s Advocate-Client Bill of Costs dated 19th February 2025. 3. I have perused the Application; and its Supporting Affidavit together with the annextures, among them a draft Certificate of Costs. The same is blank and neither bears a date nor the name of the Taxing Officer. 4. Judgment on an Application of this nature, cannot be entered on an inchoate or draft Certificate of Taxation. Such cannot be described as a Certificate. As it is a draft that is in draft form only, incomplete, undated, and unissued. 5. This Application therefore fails and is hereby dismissed. There shall however be leave for the Applicant to file a fresh Application together with the correct documents. DATED AND DELIVERED AT NAIROBI ON THIS 21ST DAY OF JANUARY 2026. PROF (DR) NIXON SIFUNA https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/211/eng@2026-01-21 1

page 1 of 2