Omwenga t/a Omwenga & Co Advocates v Kenya Orient Insurance Co Ltd (Civil Miscellaneous E050 of 2025) [2026] KEHC 6660 (KLR) (16 April 2026) (Ruling) Neutral citation: [2026] KEHC 6660 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CIVIL MISCELLANEOUS E050 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. The Advocate/Applicant has moved the Court by way of the Notice of Motion dated 13th February 2026 seeking that judgment be entered against the Respondent for KES. 171,503 together with interest and the costs of the application. The motion is supported by the affidavit sworn by Duke O. Omwenga on the same date and is founded on a Certificate of Costs issued after taxation. 2. The factual position emerging from the record is that the Applicant had previously acted for the Respondent in Nyamira CMCC No. 106 of 2017: Kwamboka Okango v James Ondicho & Rachel K. Gesami. Following the conclusion of that brief, the Applicant prepared an Advocate–Client Bill of Costs dated 12th September 2025. The Bill was placed before the taxing officer and on 01st December 2025 it was assessed at KES. 171,503. A Certificate of Costs was subsequently issued on 10th December 2025 confirming that amount as payable. 3. When the application came up for hearing on 13th April 2026, learned counsel Ms. Gati appearing for the Respondent informed the Court that the application was not opposed. No response has been filed and the factual position remains uncontroverted. 4. The Court’s mandate in a matter of this nature is derived from Section 51(2) of the Advocates Act. The provision accords finality to a Certificate of Costs unless it is set aside or altered, and empowers the Court to enter judgment for the sum certified where the retainer is not in dispute. The Court is guided by the reasoning in Lubulellah & Associates Advocates v N. K. Brothers Limited (2014) eKLR, where https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6660/eng@2026-04-16 1
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it was underscored that once taxation has been completed and the resulting certificate has not been challenged, the Court’s role is essentially to give effect to that certificate by entering judgment. 5. In those circumstances, the Court is satisfied that the certified sum represents a valid and enforceable debt and that no impediment exists to the entry of judgment. 6. As concerns interest, Rule 7 of the Advocates Remuneration Order governs the position. It permits an advocate to charge interest at the rate of 14% per annum. 7. In the result, judgment is hereby entered in favour of the Applicant against the Respondent in the sum of KES. 171,503 as certified in the Certificate of Costs issued on 10th December 2025. The said sum shall accrue interest at the rate of 14% per annum from 01st December 2025 until payment in full. The Applicant shall 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/2026/6660/eng@2026-04-16 2
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