https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7975

Omwenga p/a Omwenga Co Advocates v Kenya Orient Insurance Limited (Civil Miscellaneous E208 of 2025) [2026] KEHC 7975 (KLR) (13 May 2026) (Ruling) Neutral citation: [2026] KEHC 7975 (KLR) Republic of Kenya In the High Court at Bungoma Civil Miscellaneous E208 of 2025 E Ominde, J May 13, 2026 Between Duke O Omwenga p/a Omwenga Co Advocates Applicant and Kenya Orient Insurance Limited Respondent Ruling 1.Before this court is an application by the applicant dated 22nd April 2026 brought Persuant to Section 51(2) of the Advocates Act Cap 16 Laws of Kenya Sections 1A, 1B, 3A and 27(2) of the Civil Procedure Act and Order 51 rule 1 of the Civil Procedure Rules, 2010 and all other Enabling Provisions of the Law seeking the following orders:a.Spentb.This suit be consolidated together with Bungoma HC Misc Applications Nos. E208, E210, E211 and E215 all of 2025; Duke O. Omwenga T/A Omwenga & Co. Advocates vs Kenya Orient Insurance Limited for purposes of hearing and determination of this Application.c.The honourable Court be pleased to enter Judgment for the Total sum of Kshs. 455,610/= being the total amount as per the certificates of costs issued on 12th March 2026 by the Deputy Registrar in all related files as consolidated in prayer (2) above namely Bungoma HC Misc Applications Nos. E208, E210, E211 and E215 all of 2025; Duke O. Omwenga T/A Omwenga & Co. Advocates vs Kenya Orient Insurance Limited.d.The Honourable Court be pleased to award the Advocate/ Applicant interest on the sum of Kshs. 455,610/= at the rate of 14% per annum as from 14th January, 2026 being the date when the taxing master assessed the costs in all the related files in (2) above until payment in full.e.Upon entry of Judgment, the Court do issue a Decree for the total sum of Kshs. 455,610/= plus the accrued interest as per prayer (4) above.f.The Costs of the Suit and this Application be awarded to the Advocate/ Applicant.g.That the Judgment be entered in favor of the Applicant against the Respondent for the sum of Kshs. 147,188/= being certified costs due to the applicant as against the Respondent.h.That interest does accrue on the sum of Kshs. 147,188/= at the rate of 14% per annum, with effect from date of filing until payment shall be made in full, as prescribed in paragraph 7 of the Advocates Remuneration order.i.That costs of this application totaling to Kshs. 50,000/= be awarded to the Advocates/Applicant and be borne by the Respondent. 2.The application is supported by the grounds on the face of it and the Affidavit of Eric Ntabo sworn on 12th May 2025. 3.Counsel for the Applicant Mr. Ntabo stated that the application was served upon the Respondents and no response to the same has been filed to date. He therefore prays that the same be allowed as prayed. 4.Counsel for the Respondent Ms. Ayeira in her oral representations did not oppose the application but prays that a stay of execution does issue. 5.Counsel for the Applicant Mr. Ntabo opposed the oral application for stay stating this application arose out of a Certificate of Costs that was taxed by consent way back in November of 2024. That the Respondents did not file any Reference to that application. Further, that an application for review filed by them was dismissed on 16th March 2026. That the bill was taxed more than one and a half years ago and the Respondents have never paid anything and so this is simply an attempt to deny the Applicant the opportunity to enjoy the fruits of his Judgment once again and so he prays that the court rejects it. 6.In her rejoinder, Ms. Ayeira stated that they did not settle any fees because litigation was still ongoing and so in the interest of justice, she prays that the stay be issued to enable the respondent to arrange on how the payment is to be made. 7.I have considered the application dated 12th May 2025 and the representations made for and against the same and in the circumstances that it is not opposed and I now hereby allow the same in its entirety as follows: -a.That Judgment is now hereby entered in favor of the Applicant against the Respondent for the sum of Kshs. 147,188/= being certified costs due to the applicant as against the Respondent.b.That interest does accrue on the sum of Kshs. 147,188/= at the rate of 14% per annum, with effect from date of filing until payment shall be made in full, as prescribed in paragraph 7 of the Advocates Remuneration order.c.That costs of this application totaling to Kshs. 50,000/= is awarded to the Advocates/Applicant and be borne by the Respondent.d.That an order of stay of execution is not merited and the same is therefore denied. READ DATED AND SIGNED AT BUNGOMA ON 13TH DAY OF MAY, 2026E. OMINDEJUDGE