https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8131

Buscar East Africa Ltd v Ruwa & another (Suing as the Legal Representatives of the Estate of Judy Tatu Runa - Deceased) (Civil Appeal E010 of 2021) [2026] KEHC 8131 (KLR) (11 June 2026) (Ruling) Neutral citation: [2026] KEHC 8131 (KLR) Republic of Kenya In the High Court at Makueni Civil Appeal E010 of 2021 JN Onyiego, J June 11, 2026 Between Buscar East Africa Ltd Appellant and Omari Kukera Ruwa 1st Respondent Abdalla Mwambawa 2nd Respondent Suing as the Legal Representatives of the Estate of Judy Tatu Runa - Deceased Ruling 1.The Application for determination is dated 29/01/2026 and is brought under Section 51(2) of the Advocates Act, Paragraph 11 of the Advocates Remuneration Order, Order 51 Rule 1 of the Civil Procedure Rules and all other enabling provisions of the law. It seeks the following orders;a.That judgment be and is hereby entered for the Applicant against the Respondent in the sum of Kshs. Seventy-Six Thousand, One Hundred and Seventy (Ksh 76,170/=) only, being the taxed costs as per the Certificate of Taxation dated 12/01/2026.b.That, interest on the said sum be awarded at court rates from 29th November 2024 until payment in full.c.That the Applicant be at liberty to execute the said judgment forthwith.d.That the costs of this Application be provided for. 2.The application is supported by the grounds on its face and the affidavit of Omari Kurera Ruwa sworn on the same day. He deposed that he is the successful party in the appeal hence competent to swear the affidavit. That, following the conclusion of the matter, he filed a Party-to-Party Bill of Costs which was taxed on 22nd October 2024. 3.That, the Taxing Master taxed the costs at Kshs. 195,110/=as per the Certificate of Taxation marked OKR 1. That, the Respondent has not filed any reference or objection to the taxation and has not satisfied the amount due. 4.That, according to information from his Advocate which he verily believes to be true, a Certificate of Taxation has the force of a court order but requires the entry of formal judgment to facilitate execution. That, it is in the interest of justice that the application be granted to allow him realize the fruits of his judgment. 5.The Respondent did not file any response. 6.The Application was canvassed orally where Ms. Kisiangani for the Applicant urged the court to allow the application as it is unopposed. 7.The only issue for determination is whether the application is merited. 8.Section 51(2) of the Advocates Act, Cap 16 Laws of Kenya provides that:“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 costs covered thereby, and the Court may make such order in relation thereto as it thinks fit, including, in a case where the retainer is not disputed, an order that judgment be entered for the sum certified to be due with costs.” 9.According to the above provision therefore, a court has power to enter judgment upon a Certificate of Taxation if an Applicant satisfies two (2) conditions, namely;(a)The retainer of the Applicant is not disputed; and(b)The Certificate of Costs has not been set aside or altered by a competent court. In our case, there is nothing before the court to show that the two conditions have not been fulfilled. The Certificate of Taxation shows that the Party and Party Bill of Costs dated 29/11/2024 was taxed on 22/10/2025 in the sum of kshs. 195,110/=. 10.Separately, I have noted that the Applicant lacks attention to details in that, the first prayer in his application states that the amount taxed is Kshs. 76,170/= and the grounds in support indicate that the Bill of Costs was taxed on 22/10/2024. The amount and date are clearly erroneous. 11.Be that as it may, the exhibited Certificate of Taxation captures the correct amount and date. However, parties are bound by their pleadings. May be some partial payment have been made. Accordingly, the application is allowed as prayed. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 11TH DAY OF JUNE 2026............................................J.N.ONYIEGOJUDGE