https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/8815

The application failed because Prayer 1 omitted a material averment that the claimed sum was pursuant to a certificate of taxation, and also omitted the date of the certificate and the taxing officer. Those omissions were material and fatal, and the court would not rewrite the application to cure them.

Source-derived case information.

Citation: [2026] KEHC 8815 (KLR)
Parties: Applicant: Kairu & MC Court Advocates; Respondent: Jubilee Allianz General Insurance Company Ltd
Court: High Court
Jurisdiction: Kenya
Case Number: Miscellaneous Civil Application E348 of 2024
Procedural Posture: Miscellaneous Civil Application / Ruling on Application for Judgment on Taxed Advocate Client Costs
Outcome: Application dismissed; leave granted to file a fresh compliant application.
Judges: ["Sifuna Nixon"]
Legal Topics: Taxed Advocate Client Costs, Certificate of Taxation, Judgment Under Section 51(2) of the Advocates Act, Interest on Costs, Drafting Defects in Pleadings
Source Language: en

Advocates' Practice Civil Procedure Taxed Advocate Client Costs Certificate of Taxation Judgment Under Section 51(2) of the Advocates Act Interest on Costs Drafting Defects in Pleadings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kairu & MC Court Advocates

Applicant

Jubilee Allianz General Insurance Company Ltd

Respondent

Procedural Posture

Miscellaneous Civil Application / Ruling on Application for Judgment on Taxed Advocate Client Costs

Legal Issues

1 Whether judgment could be entered for taxed advocate-client costs where the motion omitted reference to the certificate of taxation
2 Whether omission of the date and taxing officer on the certificate was fatal to the application
3 Whether the court could reformulate defective prayers

Ratio Decidendi

Court Disposition

Application dismissed; leave granted to file a fresh compliant application.

Orders

The application is dismissed.
The applicant is granted leave to file a fresh application that is compliant.

Full Case Text

Judgment text and source record

1 paragraphs

Kairu & MC Court Advocates v Jubilee Allianz General Insurance Company Ltd (Miscellaneous Civil Application E348 of 2024) [2026] KEHC 8815 (KLR) (Civ) (16 June 2026) (Ruling) Neutral citation: [2026] KEHC 8815 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Law Courts) Civil Miscellaneous Civil Application E348 of 2024 Sifuna Nixon, J June 16, 2026 Between Kairu & MC Court Advocates Applicant and Jubilee Allianz General Insurance Company Ltd Respondent Ruling 1.This is an Application by an Advocate against the client seeking judgment for Ksh 61,981/10= as the taxed Advocate-Client costs. It is further seeking interest thereon at the rate of 14% per annum. 2.This is an Application under Section 51 (2) of the Advocates Act (Cap 16 Laws of Kenya). Under which an Advocate whose Advocate-Client costs have been taxed and a Certificate of Costs has been issued, shall apply for Judgment to be entered in terms of that Certificate of Taxation. 3.The prayer for interest on such amount is provided for by Paragraph 7 of the Advocates Remuneration Order. Determination 4.In drafting an Application, party should draft the prayers very carefully. This is because an Application should speak for itself, and a Court will only grant what is prayed for. A party is bound by its pleadings, and a Court shall not read into the pleading what is not pleaded or refomulate the prayers. 5.While the Application has prayed for Judgment for the taxed Advocates, it has in that prayer (Prayer 1) not stated that sum is as per a Certificate of Taxation. Neither has it stated the date of that Certificate or the Taxing Officer that issued it. 6.These are material omissions that go to the roof of the Application; and for which the Application should fail. 7.In consequence therefore, this Application is hereby dismissed. I however grant the Applicant leave to file a fresh Application that is compliant. DATED AND DELIVERED AT KISII ON THIS 16TH DAY OF JUNE 2026.PROF (DR) NIXON SIFUNAJUDGE

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