REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CIVIL MISCELLANEOUS NO. E042 OF 2026 WILFRED NYAUNDI KONOSI T/A KONOSI & COMPANY ADVOCATES -------------------------APPLICANT -VERSUSCOUNTY GOVERNMENT OF NAKURU ---------------------RESPONDENT JUDGEMENT 1. By Notice of Motion dated 10/2/2026 the Applicant, a Firm of Advocates, prays for orders as hereunder;1) Spent. 2) Spent. 3) THAT this Honourable Court be pleased to record compromise contained in the Settlement Page 1 of 4
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Deed Certificate dated 8th December 2020 as a Judgement of this court. 4) THAT this Court be pleased to enter judgement for the Applicant against the Respondent in the sum of Kshs. 35,216,745.60 as of 31 st January 2026, made up as follows;a) Amount due as of 31/01/2025 together with interest at 14% from 9th January 2021 to 31st January 2026. b) VAT at the rate of 16%. c) Unpaid VAT Kshs. 446,445.40 Total 5) THAT Kshs. 352,216,745.60 thereafter this Honourable Court be pleased to order that the Kshs. 29,974.70 shall continue to attract interest at the rate of 14% from 1st February 2026 until payment in full and it be subjected to 16% Value Added tax at the time of payment. 6) THAT the costs of this Application be borne by the Respondent. Page 2 of 4
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2. The Application is supported by an Affidavit of Wilfred Nyaundi Konosi, an Advocate practising with the Applicant. In a nutshell, Counsel avers inter alia that the Applicant was pre-qualified for provision of legal services to the Respondent for the year 2014 – 2015. Thereafter, the Applicant represented the Respondent in various matters and legal fee notes were raised for settlement. According to the Applicant, as at April 2020, the Respondent owed them legal fees in the sum of Kshs. 30,106,800.00 exclusive of VAT. 3. The Applicant’s Advocate further states that after discussions aimed at reaching an amicable settlement, a Settlement Deed Certificate of fees Settlement dated 8/12/2020 was executed between the parties. The Deed was to the effect that the amount due to the Applicant was Kshs. 21,175,886 which was agreed to be paid within 30 days of execution of the Deed. 4. The Applicant laments that the Respondent failed to keep its part of the bargain to pay up by 15 th March 2021, even after they issued Notice of Intention to sue over the debt. The court is told that this Application then became necessary. Page 3 of 4
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5. Despite evidence of service of the Application, the Respondent has not put in a reply. The Application is therefore deemed as unopposed. 6. Consequently, prayers 3, 4, 5 and 6 of the Application are allowed. 7. Judgement accordingly. J. M. NANG’EA, JUDGE. Judgement dated, signed and delivered virtually at Nakuru this 3 rd day of June, 2026. In the presence of: Mr. Konosi Advocate for the Applicant Respondent, Absent Court Assistant (Jeniffer) J. M. NANG’EA, JUDGE. Page 4 of 4
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