REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAMIRA (CHERERE-J) HCCCMISC E069 OF 2025 BETWEEN DUKE O. OMWENGA t/a OMWENGA & COMPANY ADVOCATES.......................................................ADVOCA TE/APPLICANT AND KENYA ORIENT INSURANCE CO. LTD..........CLIENT/RESPONDENT RULING 1. Before the Court is the Notice of Motion dated 3rd June 2026. The Applicant, Duke O. Omwenga t/a Omwenga & Company Advocates, seeks consolidation of this application with Nyamira HCCC Misc. Application No. E067 of 2025 and entry of judgment on the taxed costs. 2. When the Motion came up for hearing, learned counsel for the Client/Respondent, Ms. Langat, informed the Court that the application was not opposed. She nevertheless prayed for a stay of execution for thirty (30) days should judgment be entered. 3. I have considered the Motion. The prayer for consolidation is not merited. Although the applications involve the same
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parties, each is founded upon a separate Advocate-Client Bill of Costs, a distinct Certificate of Taxation and an independent cause of action. Each application is therefore capable of being determined on its own merits and no sufficient justification has been advanced for their consolidation. 4. As regards the substantive relief, the Certificate of Taxation issued in Nyamira HCCC Misc. Application No. E069 of 2025 remains valid and has neither been set aside nor altered. Accordingly, the Applicant is entitled to judgment on the certified sum pursuant to Section 51(2) of the Advocates Act. 5. The Court therefore makes the following orders— 1) The prayer seeking consolidation of this application with Nyamira HCCC Misc. Application No. E067 of 2025 is declined. 2) Judgment is hereby entered in favour of Duke O. Omwenga t/a Omwenga & Company Advocates against Kenya Orient Insurance Company Limited in the sum of Kshs. 149,153/=, together with interest as prayed in the Motion. 3) Execution of the decree is stayed for thirty (30) days from the date of this ruling. 4) The Advocate/Applicant shall have the costs of the Motion. DELIVERED AT NYAMIRA THIS July 2026 WAMAE.T. W. CHERERE JUDGE 16th DAY OF
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Appearances Court Assistant - Hilda For Advocate/Applicant - Mr. Kamau for Omwenga & Co. Advocates For Client/Respondent - Ms.Langat Advocates
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