Omwenga t/a Omwenga & Company Advocates v Kenya Orient Insurance Company Limited (Civil Miscellaneous E047 of 2025) [2026] KEHC 6730 (KLR) (16 April 2026) (Ruling) Neutral citation: [2026] KEHC 6730 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NYAMIRA CIVIL MISCELLANEOUS E047 OF 2025 TW CHERERE, J APRIL 16, 2026 BETWEEN DUKE O OMWENGA T/A OMWENGA & COMPANY ADVOCATES ............................................................................................. APPLICANT AND KENYA ORIENT INSURANCE COMPANY LIMITED ................ RESPONDENT RULING 1. This ruling relates to the Notice of Motion dated 13th February 2026 by which the Advocate/Applicant seeks entry of judgment against the Respondent for the sum of KES. 198,951.60 together with interest and costs, being the amount certified in the Certificate of Costs supported by the affidavit of Duke O. Omwenga sworn on even date. 2. The record shows that the Applicant rendered legal services to the Respondent in Nyamira CMCC E172 of 2021: Boniface Bogonko v Kenya Orient Insurance Limited. The Advocate–Client Bill of Costs dated 12th September 2025 was taxed on 01st December 2025 at KES. 198,951.60 and a Certificate of Costs was subsequently issued on 10th December 2025. On the same date, the Applicant issued a demand letter notifying the Respondent of the taxation and requiring settlement within thirty days. 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. 4. Section 51(2) of the Advocates Act renders a certificate of taxation conclusive as to the amount due unless disturbed by the Court. Where the retainer is not in issue, the Court need only give effect to the certified sum by entry of judgment. 5. In Lubulellah & Associates Advocates v N. K. Brothers Limited (2014) eKLR, the Court affirmed that an unchallenged certificate leaves no room for further inquiry on costs. The Court simply enforces it. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/6730/eng@2026-04-16 1
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6. Rule 7 of the Advocates Remuneration Order allows interest at 14% per annum on costs and disbursements. 7. Consequently, judgment is hereby entered in favour of the Applicant against the Respondent in the sum of KES. 198,951 with 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/2026/6730/eng@2026-04-16 2
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