REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU CIVIL MISCELLANEOUS CASE NO.E116 OF 2023 IN THE MATTER OF: THE ADVOCATES ACT, CAP 16 LAWS OF KENYA AND IN THE MATTER OF: TAXATION OF COSTS BETWEEN ADVOCATE AND CLIENT BETWEEN NGAYWA & KIBET PARTNERS LLP.........................APPLICANTS VERSUS THE MONARCH INSURANCE COMPANY LTD......RESPONDENT RULING 1. The Court is satisfied that the Respondent herein was properly served with the Notice of Motion application dated 15th August, 2024, which service is evidenced by Affidavit of Service on record in this matter. 2. This matter coming up today for hearing, which date was also properly served and communicated to the Respondent, there is no appearance for the Respondent. HCCC MISCELLANEOUS CASE NO.E116 OF 2023 RULING - Page 1 of 3
page 1 of 3
3. After hearing from counsel for the Applicant Law Firm, and upon considering the Motion, evidence, record and applicable law, I am satisfied that the instant Notice of Motion application is merited and deserving of being allowed as prayed. 4. In light of the foregoing, the Notice of Motion application dated 15th August, 2024 be and is hereby allowed in the following terms:i) Judgment be and is hereby entered in favour of the Applicant as against the Respondent for the sum of Kenya Shillings One Hundred and Twenty Seven Thousand and Eight (Kshs.127,008.00/=) being the certified costs due to the Applicant as against the Respondent and arising from the Certificate of Taxation issued on 23rd July, 2024 arising from and with respect to instructions to act. ii) Costs of this application be awarded to the Applicant and shall be borne by the Respondent and costs are assessed at Kshs.30,000/= only. HCCC MISCELLANEOUS CASE NO.E116 OF 2023 RULING - Page 2 of 3
page 2 of 3
iii) Interest at court rates shall apply on (i) above from the date of filing until the date of payment in full. 5. This being determinate of the entire Miscellaneous Application orders accordingly filed closed accordingly. RULING SIGNED, DATED AND DELIVERED VIRTUALLY, AT KIAMBU THIS 29TH DAY OF APRIL , 2026. BAHATI MWAMUYE(MBS) JUDGE In the presence of: Mr. Ontegi for the Applicant No appearance for the Respondent Court Assistant - Sanja HCCC MISCELLANEOUS CASE NO.E116 OF 2023 RULING - Page 3 of 3
page 3 of 3