https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/12402

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MACHAKOS MISC E185/2024 Amadi & Amadi advocates Vs Monarch Insurance Co Limited. Judgement Before the court is the notice of motion application dated 24th September 2025 which is seeking the following orders: 1. Spent 2. That judgement be entered for the applicant against the respondent in the sum of Ksh 87,997.60 being the certified costs due to the applicant as by the certificate of taxation issued on the 4th September 2025 by the Honorable Court. 3. That interest at court rates on (b) above from 3rd July 2024 until payment in full. 4. That costs of this application be awarded to the applicant. The grounds upon which the application are based are on the face of the application, which are: 1. The respondent instructed the applicant to act for and on its behalf in and defend its interest in Kangundo CMC case number E122 of 2021 Winfred Nduku Kasangu versus Julius Matolo Ndeto. 2. The respondent failed to pay legal fees in the above case prompting the advocate/ applicant to lodge a bill of costs to be taxed as between advocate and client costs and the same was allowed as against the client/ respondent on the 1st September 2025 in the sum of Ksh 87,997.60 3. Subsequently a certificate of taxation was issued by the Deputy Registrar Hon Thibaru in Machakos High Court on the 4th September 2025 for the above amount 4. The client /respondent has failed and or neglected to make good the said taxed costs in spite of several assurances to that effect. 5. It is therefore in the interest of justice that the other sought in this application be granted as prayed for. Parties then filed the written submissions. APPLICANT'S SUBMISSIONS. They are dated 20th April 2025. It was submitted that the issue for determination by the court is whether the court should enter judgement against the respondent as per the certificate of taxation dated 4th September 2025 and whether the applicant is entitled to interest at 14% per annum from 3rd July 2024 till payment in full. It was submitted that the advocate/ client bill of costs in issue here dated 28th June 2024 was taxed on 1st September 2025 and a certificate of taxation issued on 4th September 2025. The certificate of taxation was duly served upon the respondent and so far it has not been reviewed, varied and /or set aside. Under section 51(2) of the Advocates Act the Court is bound to enter judgement as prayed in terms of the amount as per the certificate of taxation. They relied on the cases of: * High Court of Kenya at Nairobi miscellaneous civil application number 667 of 2017 Waiganjo Wachira and Company Advocates versus Pacis Insurance Company Limited (2020) eKLR * Owino Okeyo and Company Advocates versus Fuelex Kenya Limited (2005) eKLR On whether the applicant is entitled to interest at 14% per annum, it was submitted, that the respondent was duly served in the Bill of costs and under rule 7 of the Advocates Remuneration Order, an advocate is allowed to charge interest rate of up to 14% per annum on his disbursements and costs. RESPONDENT’S SUBMISSIONS They are dated 10th August 2025 Basically, they were objections to items which are on the applicant's bill of costs dated 28th June 2025. They asked the court to tax the bill at Ksh 69,050. They relied on the case of Republic versus Minister of Agriculture and others experte Samuel Muchiri W’njuguna and 6 others (2006) eKLR. LEGAL ANALYSIS Section 51(2) of the Advocates Act stipulates as follows: “The certificate of the taxing officer by whom any bill has been taxed shall unless it is set aside or altered by the court, be final as to the amount of the course recovered thereby; and the court may make such order in relation thereto as it thinks fit, including where the retainer is not disputed, an order that judgement be entered for the sum certified to be due with costs.” Therefore, the law is very clear that once a taxing master has taxed the costs, issued a certificate of costs and there is no reference against his ruling or there has been a ruling and determination made and not set aside and /or altered, no other action would be required for the court save to enter judgement. In the present case, the objections raised on the applicant's bill of costs in the respondent's submissions are being raised too late in the day and in the wrong forum. They should have been raised during the taxation of the Bill. The applicant is entitled to judgement in terms of the certificate of costs and interest. A view of the above the applicant's notice of motion dated 24th September 2025 is merited and hereby allowed. Dated and delivered at Kerugoya this 21st July 2026 in the presence of: No appearance by either party Before Lady Justice Joyce Gandani Court Assistant Ben