THE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KIAMBU MISC. APPLICATION NO. E215 OF 2023 ALICE WANGUI MWANIKI ...........................PLAINTIFF/RESPONDENT VERSUS PAUL WAMBUGU GATEERE……...................................... 1ST APPLICANT BEATRUCE WANJIRU GATEERE………………………...2ND APPLICANT RULING BACKGROUND 1. Before court is the Notice of Motion dated 23 rd April, 2025 and is brought under the provisions of Section 51(2) of the Advocates Act (CAP 16). Sections 1A, 1B and 3A of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules; The Applicants sought for the following orders:a) THAT the Honorable Court be pleased to enter Judgment in favor of the Applicants herein, in the sum of Kshs.214,500/as appears on the Certificate of Taxation dated 23/01/2026 with interest from the date of filing this application until payment in full. b) THAT the Applicant be allowed to execute the Judgment herein against the Respondent herein. 1|Page
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c) THAT the costs of the application be borne by the Respondent. 2. The application is premised on the grounds on the face of the application and the Supporting Affidavit of PAUL WAMBUGU GATEERE dated 23/04/2025 made in support of the application; therein they filed a Party and Party Bill of Costs which was taxed on 13/11/2024 arising from KIAMBU ELC No. E001 of 2023 ALICE WANGUI VS PAUL WAMBUGU GATEERE & ANOTHER. 3. The Respondent failed to pay the legal fees thereby necessitating the filing of the Bill of Costs which was taxed and a Certificate of Taxation was issued which taxed costs the Respondent has failed and/or neglected to settle. 4. The instant application was uncontested as the Respondent failed and or neglected to file any response despite service having been effected. 5. The Applicant prayed that judgment be entered as prayed for the sum of Kshs. 214,500/- together with interest thereon. The Applicant also prayed for costs of the application. ISSUES FOR DETERMINATION 6. Having considered the application and the supporting affidavit the issues framed for determination are; (i) Whether the application is merited for the court to adopt the Certificate of Taxation and enter judgment in the sum of Kshs. 214,500/- and; 2|Page
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(ii) Whether interest is applicable thereon. ANALYSIS 7. Section 51(2) of the Advocates Act provides:“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 court may make such orders in relation thereto as it thinks fit, including where the retainer is not disputed an order that judgment be entered for the sum of certified to be due with costs.” 8. The wordings of the above section empower the court to enter judgment on the taxed amount if the same is uncontested. 9. In determining whether the court should adopt the amount on the Certificate of Taxation as the judgment of the court it should be satisfied that the Certificate of Taxation has not been set aside. 10. Reference is made to the case of Lubulellah & Associates Advocates Vs N. K. Brothers Limited (2014) eKLR where the court observed that:“The law is very clear that once a taxing master has taxed the costs, issued a Certificate of Costs and there is no reference against his ruling or there has been a ruling and a determination made and not set aside and/or altered, no other action would be required from the court save to enter judgment. An applicant is not required to file suit for the recovery of costs. The certificate of costs is final as to the amounts of the costs and the court would be quite in 3|Page
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order to enter judgment in favour of the Applicant against the Respondent herein for the taxed sum indicated in the Certificate of Taxation that was issued on 25 th November 2012.” 11. From perusal of the court record this court is satisfied that the Ruling is uncontested as the Respondent has not moved any court by way of filing a Reference against the ruling nor has the Ruling been set aside, altered, varied and / or reviewed, nor has any appeal been filed. 12. Therefore, no other action is required from this court save to enter judgment as prayed against the Respondent. Whether interest is applicable thereon and payable 13. The Applicant contends that they served a Demand Letter 13/11/2025 for settlement of the taxed costs but no response was forthcoming; the same was not settled necessitating the filing of this application which was duly served together with the Certificate of Taxation. The Applicant seeks the court to grant interest thereon at 14% per annum until payment in full. 14. After careful perusal of the court record together with the instant application no Demand Letter is found to have been annexed to the application nor is it in any of the other proceedings therein. 4|Page
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15. Therefore, in line with Rule 7, the Applicants are found to have failed to furnish proof that they had raised the claim for interest with the Respondent; therefore the prayer for interest to start accruing on the costs is found to be devoid of merit and is disallowed. FINDINGS & DETERMINATION 16. For the forgoing reasons this court makes the following findings and determinations:(i) This court finds the application to be partially meritorious and it is hereby partially allowed; (ii) The Certificate of Taxation dated 23/01/2026 in the sum of Kshs.214,500/- is hereby adopted as a Judgment of this court. Judgment be and is hereby entered in favour of the Applicant in the sum of Kshs. 214,500/-; (iii) The prayer for interest is found to be devoid of merit and it is hereby disallowed. (iv) Each party to bear own their costs of this application. Orders Accordingly. DATED SIGNED AND DELIVERED VIA TEAMS AT VOI THIS 22 ND DAY OF MAY, 2026. HON. A. MSHILA JUDGE In the presence of; Sanja/Millicent – Court Assistants Sausi For the Applicants N/A For the Respondent 5|Page
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