REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT KISII MISCELLANEOUS CIVIL APPLICATION NO. E009 OF 2024 ANDREW B. KHAKULA T/A J.S KHAKULA & CO. ADVOCATES...............................................................AP PLICANT =VERSUS= TRIDENTINSURANCE COMPANY LTD......................RESPONDENT RULING 1) This is an Application by an Advocate against the Client seeking judgment for Ksh 97,266= as the taxed Advocate-Client costs. It is further seeking interest thereon at the rate of 14% per annum. 2) This is an Application under Section 51 (2) of the Advocates Act (Cap 16 Laws of Kenya). Under which an Advocate whose Advocate-Client costs have been taxed and a Certificate of Costs has been issued, shall apply for Judgment to be entered in terms of that Certificate of Taxation. 3) The prayer for interest on such amount is provided for by Paragraph 7 of the Advocates Remuneration Order. 4) In drafting an Application, party should draft the prayers very carefully. This is because an Application should speak for itself, and a Court will only grant what is prayed for. A party is bound by its pleadings, and a Court shall not read into the pleading what is not pleaded or refomulate the prayers. KISII HC Misc Civil Application No. E009 of 2024 1
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5) While the Application has prayed for judgment for the taxed Advocates, it has in that prayer (Prayer 1) not stated that the sum is as per a Certificate of Taxation. Neither has it stated the date of that Certificate or the Taxing Officer that issued it. 6) These are material omissions that go to the root of the Application; and for which the Application should fail. 7) In consequence therefore, this Application is hereby dismissed. I however grant the Applicant leave to file a fresh Application that is compliant. DATED and DELIVERED at KISII on this 1 st day of July 2026. PROF (DR) NIXON SIFUNA JUDGE KISII HC Misc Civil Application No. E009 of 2024 2
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