[2025] KEHC 3786 (KLR)
The court found that the certificate of taxation issued on 19th August, 2024, had not been set aside, altered, or disputed by the respondent. In accordance with Section 51(2) of the Advocates Act, the amount certified is final as to the costs due between advocate and client. The respondent conceded to the...
Source-derived case information.
- Citation
- [2025] KEHC 3786 (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 Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application E192 of 2022
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant; no order as to costs
- Judges
- DO Chepkwony
- Legal Topics
- Advocate Client Costs, Certificate of Taxation, Judgment on Taxed 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 Notice of Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether judgment should be entered for the applicant based on a certificate of taxation that has not been set aside, altered, or disputed.
- 2 Whether the respondent's concession affects the award of costs.
Ratio Decidendi
The court found that the certificate of taxation issued on 19th August, 2024, had not been set aside, altered, or disputed by the respondent. In accordance with Section 51(2) of the Advocates Act, the amount certified is final as to the costs due between advocate and client. The respondent conceded to the application, raising no objection to the entry of judgment. Consequently, the court allowed the application and entered judgment for the applicant for the sum of Kshs. 144,539.00 with interest at 14% per annum from 19th August, 2024 until payment in full. The court exercised its discretion not to award costs, given the respondent's concession.
Court Disposition
application allowed; judgment entered for applicant; no order as to costs
Orders
- Judgment is entered for the applicant against the respondent for Kshs. 144,539.00 together with interest at 14% per annum from 19th August, 2024 until payment in full.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Chirchir t/a Cherono Chirchir & Company Advocates v Africa Merchant Assurance Company Limited (Civil Miscellaneous Application E192 of 2022) [2025] KEHC 3786 (KLR) (24 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3786 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Miscellaneous Application E192 of 2022
DO Chepkwony, J
March 24, 2025
IN THE MATTER OF THE ADVOCATES ACT
AND
IN THE MATTER OF THE ADVOCATES-CLIENT BILL OF COSTS
Between
Sophie Chirchir t/a Cherono Chirchir & Company Advocates
Applicant
and
Africa Merchant Assurance Company Limited
Respondent
Ruling
1. The matter is scheduled for hearing of the Notice of Motion application dated 3rd October, 2024 in which the Applicant is seeking for orders:-a.That Judgment be entered for the Applicant against the Respondent for the sum of Kenya Shillings One Hundred and Fourty Four Thousand Five Hundred and Thirty Nine (Kshs.144,539. 00) together with interest at the rate of 14% per annum from 19th August, 2024 until payment in full.b.That costs of this application be provided for.
2. The application is based on the grounds set out on its face and Supporting Affidavit sworn by Sophie Chirchir on 3rd October, 2024. The gist of it being that the Certificate of Taxation was issued on 19th August, 2024 and the same has neither been altered, varied or set aside since or has it been disputed.
3. Counsel for the Respondent confirm that they have no objection to the application save for costs since they have conceded to the same.
4. There being no objection by the Respondent, the Notice of Motion application dated 3rd October, 2024 is hereby allowed in the following terms:-
a.Judgment be and is hereby entered for the Applicant against the Respondent for the sum Kenya Shillings One Hundred and Fourty Four Thousand Five Hundred and Thirty Nine (Kshs.144,539. 00) together with interest at the rate of 14% per annum from 19th August, 2024 until payment in full.b.There shall be no orders for costs.It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 24TH DAY OFMARCH…., 2025. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Muugo counsel for ApplicantMr. Masai holding brief for Mr. Kipkorir counsel for RespondentCourt Assistant - Martin