REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI MISCELLANEOUS CIVIL APPLICATION NO. E616 OF 2023 IN THE MATTER OF ADVOCATES ACT CAP 16 LAWS OF KENYA AND IN THE MATTER OF ADVOCATE- CLIENT BILL OF COST C.M. ONGOTO & CO. ADVOCATES .............................APPLICANT =VERSUS= JAMES MUNENE NDUMBI........................................1ST RESPONDENT ROSEMARY NJERI MUNENE.....................................2ND RESPONDENT RULING 1. This is an Application by C.M. ONGOTO & COMPANY ADVOCATES against their Clients JAMES MUNENE NDUMBI and ROSEMARY NJERI MUNENE. The Application which is filed under Section 51 (2) of the Advocates Act (Cap 16 LOK); as read with paragraph of the Advocates Remuneration Order. 2. It is seeking that judgment be entered against the said client, for the sum of Ksh 271,939= as the said Advocates certified costs. NAIROBI HC Misc Civil Application No. E616 of 2023 1
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3. Upon considering the Application, I find that prayer (1), which is the principal prayer, has merely stated that these are the certified costs. 4. It has not stated that the said sum is as per a particular Certificate of Taxation, and neither has it stated the date of the certificate, and the name of the Taxing Officer that certified the costs. 5. This is a material omission that goes to the root of the Application, and renders that prayer ungrantable. 6. In litigation, a party is bound by its pleadings, and the court can neither read into a pleading what it has not expressly stated, nor into a prayer, what it has not expressly stated. 7. In the end, this Application fails, and is hereby dismissed with no order as to costs. But with leave to the applicant to bring a fresh compliant Application. DATED and DELIVERED at NAIROBI Virtually on this 8th day of June 2026. PROF (DR) NIXON SIFUNA JUDGE NAIROBI HC Misc Civil Application No. E616 of 2023 2
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