https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9292
The respondent did not file any response despite service of the motion and hearing notice. The application was therefore unopposed, and the court entered judgment for the applicant for the taxed sum shown in the Certificate of Taxation, together with interest and costs.
Source-derived case information.
- Citation
- [2026] KEHC 9292 (KLR)
- Parties
- Applicant: Jane Nyabiage Odiya t/a Odiya & Associates Advocates; Respondent: Elizabeth Wanjiru Githaiga
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E042 of 2024
- Procedural Posture
- Miscellaneous Application for Judgment on Taxed Advocate Client Costs / Ruling
- Outcome
- Application allowed; judgment entered for the applicant.
- Judges
- ["MN Mwangi"]
- Legal Topics
- Unopposed Application, Certificate of Taxation, Judgment on Taxed Costs, Interest on Taxed Costs, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jane Nyabiage Odiya t/a Odiya & Associates Advocates
Applicant
Elizabeth Wanjiru Githaiga
Respondent
Procedural Posture
Miscellaneous Application for Judgment on Taxed Advocate Client Costs / Ruling
Legal Issues
- 1 Whether the application was unopposed and fit for determination
- 2 Whether judgment should issue for the taxed sum
- 3 Whether interest and costs should be awarded
Ratio Decidendi
The respondent did not file any response despite service of the motion and hearing notice. The application was therefore unopposed, and the court entered judgment for the applicant for the taxed sum shown in the Certificate of Taxation, together with interest and costs.
Court Disposition
Application allowed; judgment entered for the applicant.
Orders
- Judgment entered for Kshs.155,646.00 in favour of the applicant against the respondent.
- Interest awarded from 17.9.2025 until payment in full.
Full Case Text
Judgment text and source record
1 paragraphs
Odiya t/a Odiya & Associates Advocates v Githaiga (Miscellaneous Application E042 of 2024) [2026] KEHC 9292 (KLR) (25 June 2026) (Ruling) Neutral citation: [2026] KEHC 9292 (KLR) Republic of Kenya In the High Court at Kiambu Miscellaneous Application E042 of 2024 MN Mwangi, J June 25, 2026 Between Jane Nyabiage Odiya t/a Odiya & Associates Advocates Applicant and Elizabeth Wanjiru Githaiga Respondent Ruling 1.The respondent was served with the Notice of Motion dated 8.4.2026. A hearing Notice was also served. An affidavit of service was filed on 20.6.2026. 2.The application dated 8.4.2026 is unopposed since no response has been filed. 3.I hereby enter judgment in favour of the applicant as against the respondent in the sum of Kshs.155,646.00 as per the Certificate of Taxation dated 17.9.2025. 4.Interest is also awarded from 17.9.2025 until payment in full. Costs of the application are also awarded to the applicant. 5.A decree shall be issued for the sum of Kshs.155,646.00. DATED, SIGNED AND DELIVERED AT KIAMBU ON THIS 25TH DAY OF JUNE 2026. RULING DELIVERED THROUGH MICROSOFT TEAMS ONLINE PLATFORM.NJOKI MWANGIJUDGEIn the presence of:-Mr. Ndong for the applicantNo Appearance for the respondentMs Julia – Court Assistant.