REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAHURURU MISCELLANEOUS APPLICATION NO. E006 OF 2025 MATHEA GIKUNJU t/a MATHEA GIKUNJU & CO. ADVOCATES………………… APPLICANT -VERSUSPATRICK MATHENGE GICHURU……………….…….RESPONDENT RULING 1. Through a Notice of Motion dated 3 rd September, 2025, the applicant seeks orders thus; 1) That the honourable court be pleased to enter a judgment in favour of the Applicant against the Respondent for Kshs.188,950/-. 2) That the costs of this application be provided for. 2. The application is premised on grounds that the Applicant represented the Respondent in Nyahururu Civil Magistrate’s Court Civil Suit No. 199 of 2019, where a HC MISC APP. E006 OF 2025 (RUL.) Page 1 of 3
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Judgement was delivered in favour of the Respondent. However, the Respondent has failed, refused and/or neglected to pay the Applicant’s legal fees of Kshs.225,150/and as a result the Applicant drew and filed a client bill of costs for purposes of taxation before this honourable court and the same was served upon the Respondent. 3. Following events, costs were taxed at Kshs. 188,950/- A certificate of costs was served upon the Respondent on 18 th August, 2025 and no appeal has been brought against the said certificate of costs; and, the court has neither varied nor set it aside. 4. The Applicant hence applies to this court to enter a judgment against the Respondent for Kshs.188,990/- to allow the Applicant begin the process of execution. 5. The application is unopposed. 6. I have considered the application, supporting affidavit and the submissions. Notably, there is no dispute as to the retainer and since the certificate of costs has not been set aside or varied, I enter judgment in favour of the Applicant in the sum of Kshs. 188,950/- with costs of the application. HC MISC APP. E006 OF 2025 (RUL.) Page 2 of 3
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7. It is so ordered. Dated, signed and delivered virtually this 23rd day of July, 2026 ………………… L.N. MUTENDE JUDGE HC MISC APP. E006 OF 2025 (RUL.) Page 3 of 3
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