REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT BUNGOMA HC. CIVIL MISC NO. E212 OF 2025 DUKE O. OMWENGA T/A OMWENGA & CO. APPLICANT KENYA ORIENT RESPONDENT ADVOCATES …………...…………………. VERSUS INSURANCE LTD ………………………… RULING 1. Before this court is an Application by the applicant dated 18 th May, 2026 brought Pursuant to Section 51(2) of the Advocates Act Chapter 16 Laws of Kenya Sections 1A, 1B, 3A, and 27(2) of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules, 2010 and all other enabling provisions of the Law seeking the following orders: a) Spent b) That this Suit be Consolidated together with BUNGOMA HC MISC APPLICATIONS Nos E212, E213, E214, E216, E220, E236, E238, E239, E240, and E241 ALL OF 2025 DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES VS KENYA ORIENT INSURANCE LIMITED for purposes of hearing and determination of this Application. c) That this Court be pleased to enter Judgment for the total Sum of Kshs. 2,245,063/= being the total amount as per the certificates of HMISC NO. E212 OF 2025 Page 1 of 4
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costs issued on 28th April 2026 by the Deputy Registrar in all related files as consolidated in Prayer (2) above namely BUNGOMA HC MISC APPLICATIONS Nos E212, E213, E214, E216, E220, E236, E238, E239, E240, and E241 ALL OF 2025 DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES VS KENYA ORIENT INSURANCE LIMITED. d) The Honourable Court be pleased to award the Advocates/Applicant Interest on the sum of Kshs. 2,245,063/= at the rate of 14% per annum as from 15 th April 2026 and 22nd April 2026 respectively being the date when the taxing Master assessed the Costs in all the related files in (3) above until payment in full. e) Upon entry of Judgment, the Court do issue a Decree for the total sum of Kshs. 2,245,063/= plus the accrued Interest as per Prayer (4) above. f) That costs of the Suit and this application be awarded to the Advocates/Applicant. 2. The application is supported by the grounds on the face of it and the Affidavit of Duke O. Omwenga P/A Omwenga & Co. Advocates sworn on 18th May, 2026. 3. Counsel for the Applicant Mr. Khaemba stated that its their application dated 15th May 2026 that is coming up for directions and since they have not received any response, the same be allowed as Prayed. Counsel for the HMISC NO. E212 OF 2025 Page 2 of 4
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Respondent Ms. Nyabuto in her oral representations did not oppose the Application. 4. I have considered the application dated 18 th May, 2026 and the same having not been opposed, I now hereby allow the same in its entirety as follows; a) That this Suit is hereby Consolidated together with BUNGOMA HC MISC APPLICATIONS Nos E212, E213, E214, E216, E220, E236, E238, E239, E240, and E241 ALL OF 2025 DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES VS KENYA ORIENT INSURANCE LIMITED. b) That Judgment is now hereby entered in favor of the Applicant against the Respondent for the sum of Kshs. 2,245,063/= being total amount as per the certificates of Costs Issued on 28 th April 2026 by the Deputy Registrar in all related files as consolidated in prayer (a) above. c) That interest does accrue on the sum of Kshs. 2,245,063/= at the rate of 14% per annum as from 15 th April 2026 and 22nd April 2026 being the date when the taxing Master assessed the Costs until payment in full. d) That a Decree is to issue for the total sum of Kshs. 2,245,063/= plus the accrued Interest as per Prayer (c) above. HMISC NO. E212 OF 2025 Page 3 of 4
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e) That costs of this Suit and application is awarded to the Advocates/Applicant. Read Dated and Signed at BUNGOMA on 9th day of July, 2026 E. OMINDE JUDGE HMISC NO. E212 OF 2025 Page 4 of 4
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