REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU MISCELLANEOUS CIVIL APPLICATION NO. E224 OF 2024 OCHARO KEBIRA & COMPANY ADVOCATES ---------APPLICANTS VERSUS AFRICA MERCHANT ASSURANCE COMPANY LIMITED----------------------------------------------------------RESPONDENT JUDGMENT 1. By Notice of Motion dated 1/12/2025 the Applicant seeks relief as hereunder;1. THAT the Court be pleased to order that the amount of Kshs. 96,075.00/= only Nakuru H.C. Misc. Application No. E224 of 2024 Page 1
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being certified costs due to the Applicant be adopted as Judgment against the Respondent. 2. THAT interest does accrue on the said sum of Kshs. 96,075/= at the rate of 14% per annum, with effect from 15/8/2024 until payment shall have been made in full, as prescribed in paragraph 7 of the Advocates Remuneration Order. 3. THAT the costs of this Application totaling Kshs. 80,000/= be awarded to the Advocates/ Applicants and be borne by the Respondent. 4. The Application is supported by Applicants’ Advocate (Erick Ntabo). affidavit of the It is averred that the Application seeks enforcement of a certificate of costs herein issued in favour of the Applicants through a consent order of the Deputy Registrar of this court given on 24/4/2025 upon taxation of the Applicants’ Advocate/Client Advocate Bill of Costs dated 15/3/2024. The Bill of Costs was by consent taxed in the sum of Kshs. 96,075/=. Nakuru H.C. Misc. Application No. E224 of 2024 Page 2
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5. There is evidence of service of the Application upon the Respondent but no reply has been filed. The Application is thus deemed as unopposed. Indeed it is inconceivable that the Application could be opposed as it is intended to enforce a lawful court order. 6. The Application is allowed as prayed, and Judgement entered accordingly. J. M. NANG’EA, JUDGE. Judgment delivered virtually this 22nd day of June 2026 in the presence of: The Applicants’ Advocate, Ms Cheruiyot for Mr Ntabo. C/A (Jeniffer) J. M. NANG’EA, JUDGE. Nakuru H.C. Misc. Application No. E224 of 2024 Page 3
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