https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9485
The application failed because Prayer 1 omitted material particulars essential to an application for judgment on taxed advocate-client costs: it did not state that the sum was as per a certificate of taxation, nor identify the date of the certificate or the taxing officer. Those omissions were held to go to the root...
Source-derived case information.
- Citation
- [2026] KEHC 9485 (KLR)
- Parties
- Applicant: ANDREW B. KHAKULA T/A J.S KHAKULA & CO. ADVOCATES; Respondent: TRIDENTINSURANCE COMPANY LTD
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E009 of 2024
- Procedural Posture
- Miscellaneous Civil Application; Advocate Client Costs Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- Application dismissed with leave to file a fresh compliant application.
- Judges
- ["Sifuna Nixon"]
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Judgment on Taxed Costs, Pleading Defects, Interest on Taxed Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
ANDREW B. KHAKULA T/A J.S KHAKULA & CO. ADVOCATES
Applicant
TRIDENTINSURANCE COMPANY LTD
Respondent
Procedural Posture
Miscellaneous Civil Application; Advocate Client Costs Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether the advocate’s application sufficiently pleaded entitlement to judgment on taxed advocate-client costs under section 51(2) of the Advocates Act.
- 2 Whether failure to specify that the sum claimed was as per a certificate of taxation, including the date and taxing officer, was a fatal omission.
- 3 Whether interest could be granted on the taxed costs as prayed.
Ratio Decidendi
The application failed because Prayer 1 omitted material particulars essential to an application for judgment on taxed advocate-client costs: it did not state that the sum was as per a certificate of taxation, nor identify the date of the certificate or the taxing officer. Those omissions were held to go to the root of the application, making it incompetent and liable to dismissal.
Court Disposition
Application dismissed with leave to file a fresh compliant application.
Orders
- Application dismissed.
- Applicant granted leave to file a fresh application that is compliant.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT KISII** **MISCELLANEOUS CIVIL APPLICATION NO. E009 OF 2024** **ANDREW B. KHAKULA T/A J.S KHAKULA & CO. ADVOCATES...............................................................APPLICANT** **=VERSUS=** **TRIDENTINSURANCE COMPANY LTD......................RESPONDENT** **RULING** 1. This is an Application by an Advocate against the Client seeking judgment for Ksh 97,266= as the taxed Advocate-Client costs. It is further seeking interest thereon at the rate of 14% per annum. 2. This is an Application under Section 51 (2) of the Advocates Act (Cap 16 Laws of Kenya). Under which an Advocate whose Advocate-Client costs have been taxed and a Certificate of Costs has been issued, shall apply for Judgment to be entered in terms of that Certificate of Taxation. 3. The prayer for interest on such amount is provided for by Paragraph 7 of the Advocates Remuneration Order. 4. In drafting an Application, party should draft the prayers very carefully. This is because an Application should speak for itself, and a Court will only grant what is prayed for. A party is bound by its pleadings, and a Court shall not read into the pleading what is not pleaded or refomulate the prayers. 5. While the Application has prayed for judgment for the taxed Advocates, it has in that prayer (Prayer 1) not stated that the sum is as per a Certificate of Taxation. Neither has it stated the date of that Certificate or the Taxing Officer that issued it. 6. These are material omissions that go to the root of the Application; and for which the Application should fail. 7. In consequence therefore, this Application is hereby dismissed. I however grant the Applicant leave to file a fresh Application that is compliant. **DATED and DELIVERED at KISII on this 1st day of July 2026.** **PROF (DR) NIXON SIFUNA** **JUDGE**