[2025] KEHC 9341 (KLR)
The court found that the applicant had served the respondent with the bill of costs and notices of taxation, and that the bill was taxed and certified at Kshs. 756,875. The respondent did not challenge the certificate of costs or oppose the application. Under section 51(2) of the Advocates Act, the certificate of...
Source-derived case information.
- Citation
- [2025] KEHC 9341 (KLR)
- Parties
- Applicant: Galexon Kenya Limited; Respondent: Dr Joshua EA Matimu
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Petition E003 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs
- Outcome
- application allowed; judgment entered for applicant for taxed costs, interest, and assessed costs.
- Judges
- A Mabeya
- Legal Topics
- Taxation of Costs, Advocate Remuneration, Interest on Costs
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Galexon Kenya Limited
Applicant
Dr Joshua EA Matimu
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judgment on Taxed Costs
Legal Issues
- 1 Whether the applicant is entitled to judgment for the taxed costs as per the certificate of taxation.
- 2 Whether interest at 14% per annum is payable on the taxed amount from 30 days after service of the bill of costs.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the applicant had served the respondent with the bill of costs and notices of taxation, and that the bill was taxed and certified at Kshs. 756,875. The respondent did not challenge the certificate of costs or oppose the application. Under section 51(2) of the Advocates Act, the certificate of taxation is final unless set aside, and the court may enter judgment for the certified sum. Paragraph 7 of the Advocates Remuneration Order entitles the advocate to interest at 14% per annum from 30 days after service of the bill. The court held that the applicant was entitled to judgment for the taxed amount, interest at 14% per annum from 9/2/2023 (30 days after service), and...
Court Disposition
application allowed; judgment entered for applicant for taxed costs, interest, and assessed costs.
Orders
- Judgment is entered for the applicant against the respondent for Kshs. 756,875 together with interest thereon at the rate of 14% per annum from 9/02/2023 until payment in full.
- Costs to the applicant assessed at Kshs. 10,000.
Full Case Text
Judgment text and source record
24 paragraphs
Galexon Kenya Limited v Matimu (Petition E003 of 2021) [2025] KEHC 9341 (KLR) (30 June 2025) (Ruling)
Neutral citation: [2025] KEHC 9341 (KLR)
Republic of Kenya
In the High Court at Kisumu
Petition E003 of 2021
A Mabeya, J
June 30, 2025
Between
Galexon Kenya Limited
Applicant
and
Dr Joshua EA Matimu
Respondent
Ruling
1. This ruling relates to the Notice of Motion dated 2/04/2025. The same was brought under the provisions of section 51 (2) of the Advocates Act, Cap 16, Paragraphs 7 of the Advocates Remuneration (Amendment) Order and Order 51 Rule 1 of the Civil Procedure Rules
2. The applicant sought judgement for Kshs. 756,875/- in terms of the Certificate of Taxation dated 28/3/2023. It also sought interest on the said amount at the rate of 14% per annum from the 9/1/2023 when the Bill of Costs was served upon the respondent until payment in full. It further sought costs of Kshs. 20,000/-.
3. The application was premised on the grounds set out on the body thereof and the supporting affidavit of Kaniaru Kimandu, Advocate. He deposed that the respondent retained the applicant’s law firm, KMK Law LLP, to act for it in the instant petition.
4. That subsequently, the applicant filed and served the respondent with a bill of costs dated 7/11/2022. The respondent was served with notices of taxation on different occasions and on 28/03/2023 the bill was taxed and certified at Kshs. 756,875/=. That despite several demands to settle, the respondent had failed to do so.5. Section 51 (2) of the Advocates Act 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.
6. On the other hand, Paragraph 7 of the Advocates (Remuneration) Order provides: -“An advocate may charge interest at 14 per cent per annum on his disbursements and costs, whether by scale or otherwise, from the expiration of one month from the delivery of his bill to the client, provided that such claim for interest is raised before the amount of the bill shall have been paid or tendered in full.”
7. From the foregoing, it is clear that an advocate is entitled to interest on the taxed amount at the rate of 14% per annum calculated 30days from the date of service of the bill of costs.
8. I have considered the application, the supporting affidavit and the annexures thereto. From the record, it is evident that the respondent was served with the bill of costs and several taxation notices. There is also a Certificate of Costs dated 28/03/2023 for Kshs. 756,875/= which has not been challenged by the respondent. These proceedings were unopposed.
9. As provided for under Paragraph 7 of the Advocates Remuneration Order, I find that interest rates of 14 % per annum is payable 30days from the date on which the Bill of Costs was served upon and received by the respondent.
10. In the premises, I find the application to be meritorious and I allow the same as follows: -a.Judgment is entered for the applicant against the respondent for Kshs. 756,875/= together with interest thereon at the rate of 14% per annum from 9/02/2023 until payment shall be made in full.b.Costs to the applicant assessed at Kshs. 10,000/-.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 30TH DAY OF JUNE, 2025. A. MABEYA, FCI ArbJUDGE