REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI MILIMANI LAW COURTS COMMERCIAL AND TAX DIVISION MISC. APPL. NO. E827 OF 2024 KIUNGA KINGIRWA & COMPANY ADVOCATES.........ADVOCATE VERSUS BRENDA KUGUN…………………………………………………….CLIENT RULING 1. The advocate’s notice of motion dated 8.5.2025 is seeking entry of judgment in terms of the certificate of costs; judgment in its favour for Kshs. 203,232.50/-. 2. The application is made under Section 51(2) of the Advocates Act and Paragraphs 4 & 7 of the Advocates Remuneration (Amendment) Order. 3. The application is based on the grounds set out in its body and the annexed affidavit sworn by Justus Kiunga. Analysis and Determination 4. The issue is whether the application is merited. 5. Section 51(2) of the Advocates Act provides that: “The certificate of the taxing officer by whom any bill has been taxed shall unless it is set aside or altered by the court, be final as to the amount of the costs recovered thereby; and the 1|Page
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court may make such order in relation thereto as it thinks fit, including where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.” 6. The bill of costs dated 7.10.2024, the taxation ruling dated 10.3.2024 and the certificate of taxation dated 10.3.2024 are on record. 7. Once a taxing master has issued a certificate of costs and it has not been set aside and/or altered, the court should enter judgment on the certificate of costs. Lubulellah & Associates Advocates v N K Brothers Limited [2014] eKLR 8. The application was served upon the client/ respondent on 16.5.2025. However, she did not file any response to the application. 9. Therefore, I find entry of judgment in terms of the certificate of taxation is merited. 10. The applicant sought interest at 10% with effect from 10.3.2025 until payment in full as per para. 7 of the Advocates Remuneration Order. 11. Para. 7 of the Advocates Remuneration Order provides that: “An advocate may charge interest at 14 per cent per annum on his disbursements and costs, whether by scale 2|Page
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or otherwise, from the expiration of one month from the delivery of his bill to the client, provided that such claim for interest is raised before the amount of the bill shall have been paid or tendered in full” 12. The applicant filed an affidavit of service evidencing that the subject bill of costs was served upon the respondent on 22.10.2024. Therefore, the applicant is entitled to interest from the ruling date as sought. Disposal 13. In conclusion, the application dated 8.5.2025 is allowed, in the following terms: (1) Judgment is entered in favour of the applicant against the respondent for Kshs. 203,232.50/- in terms of the Certificate of Taxation dated 10.3.2025, together with interest at 10% per annum from the ruling date of 10.3.2024 until payment in full. (2) Costs of the taxation proceedings are awarded to the applicant. Dated, signed and delivered at Nairobi through Microsoft Teams online application this 30th day of April, 2026 ------------F. Gikonyo M 3|Page
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Judge In the presence of: Kobia for Applicant No appearance by Respondent CA – Ivan/Aggrey 4|Page
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