Kiunga Kingirwa & Company Advocates v Kugun (Miscellaneous Application E827 of 2024) [2026] KEHC 1149 (KLR) (Commercial and Tax) (29 January 2026) (Ruling) Neutral citation: [2026] KEHC 1149 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI COMMERCIAL COURTS) COMMERCIAL AND TAX MISCELLANEOUS APPLICATION E827 OF 2024 F GIKONYO, J JANUARY 29, 2026 BETWEEN KIUNGA KINGIRWA & COMPANY ADVOCATES ........................... APPLICANT AND BRENDA KUGUN ............................................................................... RESPONDENT RULING 1. The applicant filed the notice of motion dated 8.5.2025 primarily under Section 51 (2) of the Advocates Act, seeking entry of judgment in terms of the certificate of costs and judgment to be entered in its favour for Kshs. 203,232.50/-. 2. On 15.5.2025, the court directed that the application be served and the respondent to file and serve replies within 14 days of service. 3. When the matter was mentioned on 31.7.2025, Mr. Amukobia for the applicant indicated that the respondent had not filed a reply despite service. On that submission, the court slated the matter for ruling on 29.1.2026. 4. While in the process of preparing the ruling, the court did not sight evidence of service of the application either in the physical file or in the Judiciary’s Case Tracking System (CTS). 5. The respondent is entitled to the right to be heard or an opportunity to file a response to the application. Odhiambo Owiti & Co. Advocates v Dominion Farms Limited (Miscellaneous Civil Application 8 of 2019) [2022] KEHC 10147 (KLR) (18 May 2022) (Ruling) https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1149/eng@2026-01-29 1
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Disposal 6. The court therefore directs the applicant to serve the application upon the respondent. The order scheduling this matter for ruling is, thus, vacated, and the matter is no longer for ruling. The application be fixed for directions. A notice thereof be served upon the respondent. DATED, SIGNED AND DELIVERED THROUGH APPLICATION THIS 29TH DAY OF JANUARY, 2026 MICROSOFT TEAMS ONLINE ------------------F. GIKONYO M JUDGE In the presence of: Kobia for Kiongo for Applicant No appearance by Respondent CA- Kinyua https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/1149/eng@2026-01-29 2
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