https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10779

Omwenga t/a Omwenga & Company Advocates v Kenya Orient Insurance Ltd (Civil Miscellaneous Application E300 of 2025) [2026] KEHC 10779 (KLR) (16 July 2026) (Ruling) Neutral citation: [2026] KEHC 10779 (KLR) Republic of Kenya In the High Court at Eldoret Civil Miscellaneous Application E300 of 2025 AK Ndung'u, J July 16, 2026 Between Duke O Omwenga t/a Omwenga & Company Advocates Applicant and Kenya Orient Insurance Ltd Respondent Ruling 1.Before this Court is the Notice of Motion dated 24th April 2026 brought under Section 51(2) of the Advocates Act, Sections 1A, 1B, 3A and 27 of the Civil Procedure Act, Order 51 Rule 1 of the Civil Procedure Rules and all other enabling provisions of the law. The Applicant seeks orders that this matter be consolidated with Eldoret High Court Civil Miscellaneous Applications Nos. E300, E301, E302, E303, E304 and E306 of 2025, that judgment be entered in the aggregate sum of Kshs.791,440/= being the taxed costs certified in those matters together with interest at 14% per annum and costs. 2.The application is supported by the affidavit of Duke O. Omwenga Advocate. The Applicant deposes that he acted for the Respondent in several matters, subsequently filed Advocate-Client Bills of Costs, which were taxed on 29th January 2026, and Certificates of Taxation issued on 18th March 2026. It is further deponed that no reference has been filed against any of the taxation rulings, the certificates remain unchallenged, and despite demand the Respondent has failed to satisfy the taxed costs. 3.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 4.The issues falling for determination are:a.Whether this matter should be consolidated with Eldoret High Court Civil Miscellaneous Applications Nos. E300, E301, E302, E303, E304 and E306 of 2025;b.Whether judgment ought to be entered under Section 51(2) of the Advocates Act for the certified costs;c.Whether the Applicant is entitled to interest at 14% per annum. Whether the suits should be consolidated 5.The principles governing consolidation of suits are now settled. Order 11 Rule 3(1)(h) of the Civil Procedure Rules empowers the Court during case management to order consolidation where appropriate. The purpose is to facilitate the just, expeditious, proportionate and affordable resolution of disputes in accordance with Sections 1A and 1B of the Civil Procedure Act. 6.In Law Society of Kenya v Centre for Human Rights & Democracy & 12 Others [2014] eKLR, the Supreme Court observed that consolidation is intended to facilitate efficient and expeditious disposal of disputes, avoid multiplicity of proceedings and eliminate the possibility of conflicting decisions where matters involve substantially similar issues. 7.Likewise, in Stumberg & Another v Potgeiter [1970] EA 323, the East African Court of Appeal held that consolidation is appropriate where there exist common questions of law or fact and where consolidation would save costs and judicial time without occasioning prejudice to any party. 8.The Court has considered the material before it. The six miscellaneous applications involve identical parties, arise from advocate-client relationships between the same parties, concern taxation of Advocate-Client Bills of Costs, and seek identical relief under Section 51(2) of the Advocates Act. The evidence to be relied upon is substantially the same, and no prejudice has been demonstrated that would be suffered by the Respondent. 9.The Court is therefore satisfied that consolidation will promote efficient administration of justice, prevent unnecessary multiplicity of proceedings and avoid inconsistent determinations. Prayer (a) of the Motion is therefore merited. 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 beentaxed 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 18th March 2026 in respect of all the six matters. 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 Certificates of Taxation are final as to the amounts certified therein, namely: E300 of 2025 – Kshs.107,225/= E301 of 2025 – Kshs.143,425/= E302 of 2025 – Kshs.136,500/= E303 of 2025 – Kshs.101,625/= E304 of 2025 – Kshs.117,140/= E306 of 2025 – Kshs.185,525/= Total: Kshs. 791,440/= 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 January 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 24th April 2026 is merited and is hereby allowed. 24.Accordingly, the Court makes the following orders:a.Eldoret High Court Civil Miscellaneous Application No. E001 of 2025 is hereby consolidated with Eldoret High Court Civil Miscellaneous Applications Nos. E300, E301, E302, E303, E304 and E306 of 2025 for purposes of determination and enforcement of the taxed costs.b.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 Shillings Seven Hundred Ninety-One Thousand Four Hundred Forty (Kshs.791,440/=).c.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 29th January 2026, until payment in full.d.A decree shall issue accordingly.e.The Advocate/Applicant shall have the costs of this application. DATED, SIGNED AND DELIVERED AT ELDORET THIS 16TH DAY OF JULY 2026.A. K. NDUNG’U JUDGE