[2025] KEHC 3573 (KLR)
Where an advocate's bill of costs has been taxed and certified by the Deputy Registrar, and there is no dispute as to retainer or the amount, the court is empowered under Section 51(2) of the Advocates Act to enter judgment for the certified sum. In this case, the applicant served the bill of costs, and the...
Source-derived case information.
- Citation
- [2025] KEHC 3573 (KLR)
- Parties
- Applicant: Sophie Chirchir t/a Cherono Chirchir & Company Advocates; Respondent: Africa Merchant Assurance Company Limited
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 29 of 2018
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs with interest
- Judges
- DKN Magare
- Legal Topics
- Taxation of Costs, Advocate Client Bill of Costs, Certificate of Taxation, Entry of Judgment, Interest on Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sophie Chirchir t/a Cherono Chirchir & Company Advocates
Applicant
Africa Merchant Assurance Company Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant against the respondent for the taxed and certified costs.
- 2 Whether interest on the taxed costs should be awarded from the date of the ruling on taxation.
Ratio Decidendi
Where an advocate's bill of costs has been taxed and certified by the Deputy Registrar, and there is no dispute as to retainer or the amount, the court is empowered under Section 51(2) of the Advocates Act to enter judgment for the certified sum. In this case, the applicant served the bill of costs, and the respondent did not contest the retainer or the taxed amount. There was no evidence that a certificate of taxation was extracted and served, but the court found this did not preclude entry of judgment. Interest on the taxed costs is to run from the date of the ruling on taxation, being 30.6.2023. The application was therefore allowed, and judgment entered for the applicant for Ksh....
Court Disposition
application allowed; judgment entered for applicant for taxed costs with interest
Orders
- Judgment is entered for the applicant against the respondent for Ksh. 194,558.
- Interest on the sum is awarded effective 30.7.2023.
Full Case Text
Judgment text and source record
21 paragraphs
Chirchir t/a Cherono Chirchir & Company Advocates v Africa Merchant Assurance Company Limited (Civil Miscellaneous Application 29 of 2018) [2025] KEHC 3573 (KLR) (19 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3573 (KLR)
Republic of Kenya
In the High Court at Nyeri
Civil Miscellaneous Application 29 of 2018
DKN Magare, J
March 19, 2025
Between
Sophie Chirchir t/a Cherono Chirchir & Company Advocates
Applicant
and
Africa Merchant Assurance Company Limited
Respondent
Ruling
1. This is a ruling over a Miscellaneous Application dated 28. 9.2021. The Applicant sought relief that judgment be entered for the Applicant against the Respondent in the sum of Ksh. 194,558/= being the sum indicated to have been taxed and certified by the Deputy Registrar on 13. 7.2021 as due to the Applicant with interest thereon.
2. The application arose from the Advocate/Client Bill of Costs dated 26. 3.2018. Be it as may, the Court has already assessed costs at a specific figure, that is, Ksh. 194,558/=.
3. The application is expressed to be brought under Section 55 (2) of the Advocates Act. The proper provision should be Section 51(2) of the Advocates Act which provides thus:Pursuant to the provisions of Section 2 of the Advocates Act -“’Client’ includes any person who, as a principal or on behalf of another, or as a trustee or personal representative, or in any other capacity, has power, express or implied, to retain or employ an advocate and any person who is or may be liable to pay an advocate any costs.”
4. As a fact, after filing of the Notice of Motion dated 28. 9.2021, there does not appear to be active participation of the Respondent. In the case of Musyoka & Wambua Advocates v Rustam Hira Advocate (2006) eKLR it was held: -“Section 51 of the Act makes general provisions as to taxation, as the marginal note indicates. One of those provisions is that the court has discretion to enter judgment on a Certificate of Taxation which has not been set aside or altered, where there is no dispute as to retainer. This in my view is a mode of recovery of taxed costs provided by law, in addition to filing of suit...
5. The Applicant has done her part, serving the bill of costs. However, there is no evidence that a certificate of taxation was extracted and served. The interest will thus run from the date of the ruling on taxation which is 30. 6.2023. The application is allowed.
Determination 6. I make the following orders: -a.Judgment be and is hereby entered for the Applicant against the Respondent for Ksh. 194,558/=.b.Interest thereon is awarded effective 30. 7.2023.
DELIVERED, DATED AND SIGNED AT NYERI ON THIS 19TH DAY OF MARCH, 2025. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.KIZITO MAGAREJUDGEIn the presence of: -Ms. Mbaabu for the ApplicantNo appearance for the RespondentCourt Assistant – Michael