https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/11131

Omwenga t/a Omwenga & Co. Advocates v Kenya Orient Insurance Ltd (Civil Miscellaneous Application E329 of 2025) [2026] KEHC 11131 (KLR) (23 July 2026) (Ruling) Neutral citation: [2026] KEHC 11131 (KLR) Republic of Kenya In the High Court at Eldoret Civil Miscellaneous Application E329 of 2025 AK Ndung'u, J July 23, 2026 Between Duke O. Omwenga t/a Omwenga & Co. Advocates Applicant and Kenya Orient Insurance Ltd Respondent Ruling 1.Before Court is a notice of motion brought under 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. The Applicant is seeking for orders that:a.Spent.b.The Honourable Court be pleased to enter judgement for the sum of Kshs 244,006/= as per the Certificate of costs issued on 29.4.2026 by the Deputy Registrar.c.The Honourable Court be pleased to award the Advocate/Applicant interest on the sum of Kshs 244,006/= at the rate of 14% per annum as from 14.4.2026 being the date when the taxing master assessed the costs until payment in full.d.Upon entry of judgement, the Court do issue a decree for the sum of Kshs 244,006/= plus the accrued interest as per prayer (3) above.e.The costs of the suit be awarded to the Advocate/Applicant. 2.The application is based on the following grounds: -a.That the Advocate-Client bill of costs in respect of services rendered in ELDORET CMCC NO. 186 OF 2015; Kenya Orient Insurance Ltd Vs. Abbey Hassan dated 14.10.2025 was assessed on 14.04.2026 at a sum of Kshs 244,006/=.b.That a Certificate of costs for the assessed sum of Kshs 244,006/= was issued by the Deputy Registrar on 29.4.2026.c.That there is no reference filed against the ruling of the taxing master delivered on 14.04.2026 in this matter.d.That to date, the Client/Respondent has not paid and/or settled the said amount, despite having been served with the ruling on costs delivered on 14.04.2026 on the same date.e.That the Advocate/Applicant prays that the Honourable Court be pleased to enter judgement for the sum of Kshs 244,006/= as per the Certificate of costs issued on 29.4.2026 by the Deputy Registrar and issue a decree for the said sum to enable the Advocate/Applicant to execute against the Client/Respondent.f.That the Honourable Court be pleased to award the Advocate/Applicant interest on the awarded sum of Kshs 244,006/= at the rate of 14% per annum from 14.4.2026 being the date when the taxing master assessed the costs until payment in full.g.That the Honourable Court do issue a decree for the sum of Kshs 244,006/= plus the accrued interest to enable the Advocate/Applicant recover the money from the Client/Respondent.h.That the costs of the suit and this application be awarded to the Advocate/Applicant.i.That it is fair and just that this application be allowed as prayed.j.That this Honourable Court is seized with unfettered discretion to grant the orders sought. 3.The application is supported by the affidavit of Duke O. Omwenga, an advocate of the High Court of Kenya, sworn on May 18, 2026, in which he deposes that the Advocate-Client bill of costs for legal services rendered in Eldoret CMCC No. 186 of 2015; Kenya Orient Insurance Ltd Vs. Abbey Hassan was assessed by the taxing master on April 14, 2026, at a sum of Kshs 244,006/=. He states that following this assessment, a formal Certificate of Costs was issued by the Deputy Registrar on April 29, 2026. The Deponent further clarifies that the Client/Respondent was notified of the taxing master’s ruling on the day of its delivery and was specifically advised that failure to pay the assessed costs within 30 days would trigger the accrual of interest at a rate of 14% per annum from the assessment date. Despite the issuance of the certificate and the fact that no reference or appeal has been filed against the taxing master's ruling, the Deponent confirms that the Respondent has failed to settle the outstanding amount. In light of this non-payment, the Applicant seeks the court's intervention to enter judgment for the principal sum of Kshs 244,006/= award interest at the rate of 14% per annum from April 14, 2026, until payment in full, and issue a decree to facilitate execution and recovery of the debt along with the costs of the application 4.Although served, the Respondent neither filed a replying affidavit nor grounds of opposition to challenge the application. Consequently, the factual depositions by the Applicant remain uncontroverted. Issues for Determination 5.The issues falling for determination are:a.Whether judgment ought to be entered under Section 51(2) of the Advocates Act for the certified costs;b.Whether the Applicant is entitled to interest at 14% per annum. Whether judgment should be entered 10.The jurisdiction of this Court to enter judgment upon a Certificate of Taxation is donated by Section 51(2) of the Advocates Act, which provides:“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." 11.The effect of the above provision is that once a Certificate of Taxation has been issued and has neither been set aside nor altered through a reference under Rule 11 of the Advocates Remuneration Order, the Court's role is generally limited to entering judgment where the retainer is not disputed. 12.In Lubulellah & Associates Advocates v N K Brothers Limited [2014] eKLR, the Court held that where a certificate of taxation has not been set aside or altered, and the retainer is undisputed, the Court has no reason to decline entry of judgment under Section 51(2) of the Advocates Act. 13.Similarly, in Ahmednasir Abdikadir & Co. Advocates v National Bank of Kenya Limited (2) [2006] 1 EA 5, the Court held that once taxation has been completed and no reference has been filed, the certificate becomes final as to quantum and judgment should ordinarily follow. 14.The Court of Appeal in Machira & Co. Advocates v Arthur K. Magugu & Another [2012] eKLR reiterated that the purpose of Section 51(2) is to provide advocates with a summary procedure for recovery of taxed costs where there is no dispute as to the retainer. 15.In the present case, the Applicant has exhibited Certificates of Taxation issued on 29th April 2026 in respect of this matter. There is no evidence that any reference has been lodged under Rule 11 of the Advocates Remuneration Order challenging the taxation. Equally, the Respondent has not disputed the existence of the advocate-client relationship nor challenged the Applicant's retainer. 16.Consequently, the Certificate of Taxation is final as to the amount certified namely Kshs 244,006/=. 17.The Applicant has therefore satisfied all the statutory requirements for entry of judgment under Section 51(2) of the Advocates Act. Whether interest is payable 18.The Applicant further seeks interest at 14% per annum. 19.Rule 7 of the Advocates (Remuneration) Order provides that an advocate may charge interest at the rate of 14% per annum on disbursements and costs from the expiration of one month after delivery of the bill, provided that the claim for interest is raised before the amount has been paid. 20.In Otieno Ragot & Company Advocates v National Bank of Kenya Limited [2020] eKLR, the Court held that where an advocate has properly demanded payment and notified the client of the intention to charge interest under Rule 7, the advocate is entitled to interest at 14% upon expiry of one month from delivery of the bill. 21.The Applicant has deponed, and annexed evidence showing, that upon delivery of the taxation rulings on 29th April 2026, the Respondent was notified that failure to settle the taxed costs within thirty days would attract interest at the prescribed rate. That deposition has not been controverted. 22.The Court is satisfied that the requirements of Rule 7 have been met and the Applicant is entitled to interest at 14% per annum from the expiry of thirty days after notification of taxation until payment in full. Disposition 23.In the result, the Notice of Motion dated 18th May 2026 is merited and is hereby allowed. 24.Accordingly, the Court makes the following orders:a.Judgment is hereby entered in favour of the Advocate/Applicant, Duke O. Omwenga t/a Omwenga & Co. Advocates, against the Client/Respondent, Kenya Orient Insurance Ltd, in the sum of Kenya Two Hundred Forty-Four Thousand and Six Shillings (Kshs. 244,006/=).b.The said sum shall attract interest at the rate of 14% per annum pursuant to Rule 7 of the Advocates (Remuneration) Order, commencing upon the expiry of thirty (30) days from the notification of the taxation on 29thJanuary 2026, until payment in full.c.A decree shall issue accordingly.d.The Advocate/Applicant shall have the costs of this application. DATED, SIGNED AND DELIVERED AT ELDORET THIS 23RD DAY OF JULY 2026.A. K. NDUNG’U JUDGE