Omwenga t/a Omwenga & Co. Advocates v Kenya Orient Insurance Co. Ltd (Miscellaneous Application E048 of 2025) [2026] KEHC 6645 (KLR) (16 April 2026) (Ruling) Neutral citation: [2026] KEHC 6645 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA MISCELLANEOUS APPLICATION E048 OF 2025 TW CHERERE, J APRIL 16, 2026 BETWEEN DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES ........ APPLICANT AND KENYA ORIENT INSURANCE CO. LTD ....................................... RESPONDENT RULING 1. This determination arises from the Notice of Motion dated 13th February 2026 through which the Advocate/Applicant seeks judgment against the Respondent in the sum of KES. 236,655 together with interest and costs, the said sum being that certified in the Certificate of Costs. The application is supported by the affidavit of Duke O. Omwenga sworn on the same date. 2. The material before the Court indicates that the Applicant acted for the Respondent in Nyamira CMCC No. E170 of 2023: Merisa Kemunto Nuachuba & Francis Mose Nyabate. An Advocate–Client Bill of Costs dated 12th September 2025 was subsequently lodged and was taxed on 01st December 2025 at KES. 236,655. A Certificate of Costs was thereafter issued on 10th December 2025. On that same date, the Applicant addressed a demand to the Respondent informing it of the taxation and calling for settlement within thirty days. 3. When the matter came up on 13th April 2026, learned counsel Ms. Gati appearing for the Respondent indicated that the application would not be contested. 4. Under section 51(2) of the Advocates Act, a certificate of taxation is conclusive on the amount due unless it is varied or set aside by the Court. Where the retainer is not disputed, the Court is at liberty to enter judgment for the certified sum without reopening the taxation. 5. The position in Lubulellah & Associates Advocates v N. K. Brothers Limited (2014) eKLR reinforces that once a certificate remains unchallenged, there is no further issue for determination on quantum. The Court’s role is limited to giving effect to the certificate. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6645/eng@2026-04-16 1
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6. As regards interest, Rule 7 of the Advocates Remuneration Order permits an advocate to levy interest at 14% per annum on costs and disbursements. 7. In the result, judgment is hereby entered in favour of the Applicant against the Respondent in the sum of KES. 236,655 together with interest at the rate of 14% per annum from 01st December 2025 until payment in full. The Applicant shall also have the costs of the application. DELIVERED AT NYAMIRA THIS 16TH DAY OF APRIL 2026 WAMAE.T. W. CHERERE JUDGE Appearances Court Assistant - Hilda For Applicant - Ms. Kemuma for Omwenga & Co. Advocates For Respondent – Ms. Nyabuto for Onyinkwa & Co. Advocates https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6645/eng@2026-04-16 2
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