REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAMIRA (CHERERE-J) HCCCMISC E076 OF 2025 BETWEEN DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES.................................................................... .............APPLICANT AND KENYA ORIENT INSURANCE CO. LTD...........................RESPONDENT RULING 1. The Notice of Motion dated 18th June 2026 seeks entry of judgment under section 51(2) of the Advocates Act. It is expressed to be brought under sections 1A, 1B, 3A and 27(2) of the Civil Procedure Act, Order 51 Rule 1 of the Civil Procedure Rules and all other enabling provisions of the law. The application is supported by the affidavit of Duke O. Omwenga sworn on the same date. 2. The Applicant seeks judgment for KES 671,988, being the aggregate amount reflected in the Certificates of Costs issued in HCCCMISC E076, E078 and E083 of 2025, together with interest, a decree and the costs of the application.
page 1 of 3
3. The Applicant asks the Court to consolidate HCCCMISC E076, E078 and E083 of 2025 and thereafter enter judgment for the combined amount of the three Certificates of Costs. 4. Although the parties are common to all the matters, each Advocate–Client Bill of Costs was taxed in a separate miscellaneous application and resulted in a distinct Certificate of Costs. It follows that the procedure adopted by the Applicant is incompetent. If judgment is sought on the Certificates of Costs issued in HCCCMISC E076, E078 and E083 of 2025, separate applications must be presented in each of those files. 5. The Notice of Motion dated 18th June 2026 is accordingly struck out. The Applicant is at liberty to file separate applications under section 51(2) of the Advocates Act in HCCCMISC E076, E078 and E083 of 2025 respectively. DELIVERED AT NYAMIRA THIS July 2026 30th DAY OF WAMAE.T. W. CHERERE JUDGE Appearances Court Assistant - Hilda For Appellant Advocates - Mr. Khaemba for Omwenga & Co.
page 2 of 3
For Respondent Advocates – Ms. Langat for Onyinkwa & Co.
page 3 of 3