Omwenga t/a Omwenga & Co. Advocates v Kenya Orient Insurance Co. Ltd (Miscellaneous Civil Case E049 of 2025) [2026] KEHC 6646 (KLR) (16 April 2026) (Ruling) Neutral citation: [2026] KEHC 6646 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA MISCELLANEOUS CIVIL CASE E049 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. What is presented for determination is the Notice of Motion dated 13th February 2026 in which the Advocate seeks to have judgment entered against the Respondent for KES. 163,890.60 together with interest and costs. The sum claimed arises from a Certificate of Costs issued upon taxation, and the motion is supported by the affidavit of Duke O. Omwenga sworn on the same date. 2. The background is not contested. The Applicant acted for the Respondent in Nyamira CMCC No. E058 of 2021: Dickson Mesa Nyaberi vs Kenya Orient Insurance Limited. Upon completion of that brief, the Applicant drew and filed an Advocate–Client Bill of Costs dated 12th September 2025. The Bill was placed before the taxing officer on 01st December 2025 and was assessed at KES. 163,890.60. A Certificate of Costs reflecting that outcome was issued on 10th December 2025. 3. When the matter came up for hearing on 13th April 2026, learned counsel Ms. Gati for the Respondent indicated that there would be no opposition to the application. 4. The Court’s jurisdiction in matters of this nature is anchored in Section 51(2) of the Advocates Act which recognises the binding effect of a certificate issued after taxation and permits the Court, where appropriate, to convert that certificate into a judgment, particularly where the retainer is not in dispute and the certificate remains intact. The position has been consistently affirmed in judicial pronouncements, including Lubulellah & Associates Advocates vs N. K. Brothers Limited (2014) eKLR, where it was made clear that once taxation has been concluded and no reference has been lodged https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6646/eng@2026-04-16 1
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to challenge it, the Court is not required to reopen the matter but simply to enter judgment for the sum certified. 5. As regards interest, the governing principle is found in Rule 7 of the Advocates Remuneration Order. 6. In the end, judgment is hereby entered in favour of the Applicant against the Respondent for KES. 163,890.60 as certified in the Certificate of Costs issued on 10th December 2025.The said amount shall attract 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/2026/6646/eng@2026-04-16 2
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