https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7908

China Jiangxi Int (K) Ltd v Otieno (Civil Appeal 14 of 2018) [2026] KEHC 7908 (KLR) (7 May 2026) (Ruling) Neutral citation: [2026] KEHC 7908 (KLR) Republic of Kenya In the High Court at Homa Bay Civil Appeal 14 of 2018 OA Sewe, J May 7, 2026 Between China Jiangxi Int. (K) Limited Appellant and Moses Adero Otieno Respondent Ruling 1.Before the court for determination is the Notice of Motion dated 25th June 2021. It was filed by the appellant under sections 1A, 1B, 3, 3A, & 63(e) of the Civil Procedure Act, order 51 of the Civil Procedure Rules and section 51 of the Advocates Act, Cap 16, Laws of Kenya, for orders that:(a)Spent.(b)That judgement be entered in favour of the applicant against respondent in terms of the certificate of taxation of costs dated 4th March, 2020.(c)That the costs of the application be borne by the respondent. 2.The application is supported by the annexed affidavit of George O Anyumba, advocate for the applicant herein in which he averred that the appellant/applicant's costs of the appeal were taxed at Kshs. 139,526/= on the 6th day of December, 2019; while the costs of the application dated 30th April, 2019 were taxed at Kshs. 38,125/=. The applicant averred that it was incumbent upon the respondent to pay the costs as taxed by the Deputy Registrar immediately; but that he has since failed, refused and/or declined to pay the same. 3.The applicant therefore posited that, in the circumstances, it is mandatory for the court to enter judgement in favour of the applicant against the respondent to enable the applicant commence the process of execution against the respondent. 4.I have given due consideration to the application. I have also perused the record. I noted that the application has been brought under section 51(2) of the Advocates Act, which states:(2)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. 5.That provision is in respect of advocate/client bill of costs. Since the certificate of costs dated 30th April 2021 is in respect of a party and party bill of costs there is no requirement for a separate judgment on costs for purposes of section 51(2) of the Advocates Act. This is because the record shows that there is already an order for the payment of costs to the applicant in the judgment of the court dated 9th April 2019. That is the judgment that ought to be converted into a decree for purposes of execution. 6.In the premises, the notice of motion dated 25th June 2021 is utterly misconceived. The same is hereby struck out with no order as to costs.It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 7TH DAY OF MAY, 2026.……………………………OLGA SEWEJUDGE