https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10723
The application was unopposed, and the court, considering the affidavit and submissions, allowed it in full. Judgment was entered for the applicant for Kshs. 2,245,063, consolidation of the listed matters was ordered, interest was awarded at 14% per annum from the stated taxing dates until payment in full, a decree...
Source-derived case information.
- Citation
- [2026] KEHC 10723 (KLR)
- Parties
- Applicant: DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES; Respondent: KENYA ORIENT INSURANCE LTD
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous E212 of 2025
- Procedural Posture
- Advocates’ Fees Recovery Application / Ruling on Unopposed Application
- Outcome
- Application allowed in entirety
- Judges
- ["E Ominde"]
- Legal Topics
- Section 51(2) Advocates Act, Judgment on Certificate of Costs, Consolidation of Related Miscellaneous Applications, Interest on Taxed Costs, Costs of the Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES
Applicant
KENYA ORIENT INSURANCE LTD
Respondent
Procedural Posture
Advocates’ Fees Recovery Application / Ruling on Unopposed Application
Legal Issues
- 1 Whether the related miscellaneous applications should be consolidated for purposes of the application
- 2 Whether judgment should be entered on the certificates of costs under section 51(2) of the Advocates Act
- 3 Whether interest should accrue on the taxed sums at 14% per annum
Ratio Decidendi
The application was unopposed, and the court, considering the affidavit and submissions, allowed it in full. Judgment was entered for the applicant for Kshs. 2,245,063, consolidation of the listed matters was ordered, interest was awarded at 14% per annum from the stated taxing dates until payment in full, a decree was directed to issue, and costs were awarded to the applicant.
Court Disposition
Application allowed in entirety
Orders
- The suit was consolidated with Bungoma HC Misc Applications Nos. E212, E213, E214, E216, E220, E236, E238, E239, E240, and E241 of 2025.
- Judgment entered for the applicant against the respondent in the sum of Kshs. 2,245,063.
Full Case Text
Judgment text and source record
1 paragraphs
**REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT BUNGOMA** **HC. CIVIL MISC NO. E212 OF 2025** **DUKE O. OMWENGA T/A** **OMWENGA & CO. ADVOCATES …………...…………………. APPLICANT** **VERSUS** **KENYA ORIENT INSURANCE LTD ………………………… RESPONDENT** **RULING** 1. Before this court is an Application by the applicant dated 18th May, 2026 brought **Pursuant to Section 51(2) of the Advocates Act Chapter 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: 2. **Spent** 3. **That this Suit be Consolidated together with BUNGOMA HC MISC APPLICATIONS Nos E212, E213, E214, E216, E220, E236, E238, E239, E240, and E241 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.** 4. **That this Court be pleased to enter Judgment for the total Sum of Kshs. 2,245,063/= being the total amount as per the certificates of costs issued on 28th April 2026 by the Deputy Registrar in all related files as consolidated in Prayer (2) above namely BUNGOMA HC MISC APPLICATIONS Nos E212, E213, E214, E216, E220, E236, E238, E239, E240, and E241 ALL OF 2025 DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES VS KENYA ORIENT INSURANCE LIMITED.** 5. **The Honourable Court be pleased to award the Advocates/Applicant Interest on the sum of Kshs. 2,245,063/= at the rate of 14% per annum as from 15th April 2026 and 22nd April 2026 respectively being the date when the taxing Master assessed the Costs in all the related files in (3) above until payment in full.** 6. **Upon entry of Judgment, the Court do issue a Decree for the total sum of Kshs. 2,245,063/= plus the accrued Interest as per Prayer (4) above.** 7. **That costs of the Suit and this application be awarded to the Advocates/Applicant.** 8. The application is supported by the grounds on the face of it and the Affidavit of Duke O. Omwenga P/A Omwenga & Co. Advocates sworn on 18th May, 2026. 9. Counsel for the Applicant Mr. Khaemba stated that its their application dated 15th May 2026 that is coming up for directions and since they have not received any response, the same be allowed as Prayed. Counsel for the Respondent Ms. Nyabuto in her oral representations did not oppose the Application. 10. I have considered the application dated 18th May, 2026 and the same having not been opposed, I now hereby allow the same in its entirety as follows; 11. **That this Suit is hereby Consolidated together with BUNGOMA HC MISC APPLICATIONS Nos E212, E213, E214, E216, E220, E236, E238, E239, E240, and E241 ALL OF 2025 DUKE O. OMWENGA T/A OMWENGA & CO. ADVOCATES VS KENYA ORIENT INSURANCE LIMITED.** 12. **That Judgment is now hereby entered in favor of the Applicant against the Respondent for the sum of Kshs. 2,245,063/= being total amount as per the certificates of Costs Issued on 28th April 2026 by the Deputy Registrar in all related files as consolidated in prayer (a) above.** 13. **That interest does accrue on the sum of Kshs. 2,245,063/= at the rate of 14% per annum as from 15th April 2026 and 22nd April 2026 being the date when the taxing Master assessed the Costs until payment in full.** 14. **That a Decree is to issue for the total sum of Kshs. 2,245,063/= plus the accrued Interest as per Prayer (c) above.** 15. **That costs of this Suit and application is awarded to the Advocates/Applicant.** **Read Dated and Signed at BUNGOMA on 9th day of July, 2026** **E. OMINDE** **JUDGE**