REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYAMIRA (CHERERE-J) HCCCMISC E082 OF 2025 BETWEEN DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES.................................................................... .............APPLICANT AND KENYA ORIENT INSURANCE COMPANY LIMITED.......................................................................... ..........RESPONDENT RULING 1. The Applicant, by the Notice of Motion dated 23 rd June 2026, seeks an order consolidating Nyamira HC Miscellaneous Civil Applications Nos. E071, E075, E077 and E082 of 2025 and, upon such consolidation, entry of judgment for the aggregate sum of KES. 779,734 together with interest and costs. The application is supported by the affidavit of Duke O. Omwenga sworn on the same date. 2. The Applicant states that the Advocate–Client Bills of Costs in the four matters were taxed on 11th June 2026 and Certificates of Costs issued on 19 th June 2026. It contends that, since the parties are common in all the matters, the
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court should consolidate the proceedings and enter judgment for the cumulative amount certified. 3. I have considered the application, the supporting affidavit, the four Certificates of Costs dated 19th June 2026 and the accompanying documents. Although the parties are the same, each Advocate–Client Bill of Costs arose from a separate matter, was taxed independently, and resulted in a distinct Certificate of Costs. Each certificate derives its validity from the proceedings in which it was issued and cannot be combined with certificates issued in other files. 4. Section 51(2) of the Advocates Act contemplates entry of judgment on the Certificate of Costs issued in a particular matter. It does not authorize the consolidation of separate taxation proceedings or the entry of one composite judgment founded on several certificates issued in different causes. 5. Equally, consolidation is intended to facilitate the determination of pending proceedings involving common questions of law or fact. It is not a mechanism for merging concluded proceedings that have already culminated in separate Certificates of Costs for purposes of obtaining a single judgment. 6. The proper course is for the Applicant to seek judgment separately in Nyamira HC Miscellaneous Civil Applications
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Nos. E071, E075, E077 and E082 of 2025, each founded on the Certificate of Costs issued in that file. 7. Consequently, I find no merit in the Notice of Motion dated 23rd June 2026. It is dismissed with costs. DELIVERED AT NYAMIRA THIS July 2026 20th DAY OF WAMAE.T. W. CHERERE JUDGE Appearances Court Assistant - Hilda For Advocate/Applicant - Mr. Khaemba for Omwenga & Co. Advocates For Client/Respondent - N/A
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